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(영문) 춘천지방법원 속초지원 2018.10.31 2018고단89
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of CPoter II cargo vehicles.

On August 29, 2017, the Defendant driving the above cargo vehicle around 14:25, and driving a two-lane road in front of the South Yando in 6697, as in the High Military Sea of Sung-gun, the Defendant proceeded at about 90 km each hour from the supersection to the crosssection.

At the time, it was difficult to secure the view of the sunlight due to the strong view of the sunlight, so in such a case, there was a duty of care to reduce the speed to the driver, to safely drive and prevent the accident by safe driving of the driver while living well on the right and the right and the right.

Nevertheless, the defendant neglected to do so and went on the front side of the driver's vehicle of the victim D(64) who was driving in the front side due to the negligence of the driver's negligence, the back side of the driver's cat of the driver's vehicle of the driver's vehicle of the driver's vehicle of the driver's vehicle of the defendant.

Ultimately, the Defendant suffered injury to the victim due to the aforementioned occupational negligence, such as the Plaintiff’s fluoral friend, fluoral fluoral surgery, the fluoral fluoral fluor’s fluoral fluoral surgery, the significant stamp function decline, and the pedestrian disability.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the occurrence of traffic accidents and reports on respective traffic accidents;

1. Investigation reports (including reports on the calculation of the speed at the time of the accident of the suspect, vehicle, hearing statements by telephone from the victim D, hearing statements by the victim's wife, submission of reports on psychological and assessment of the victim's daughters, and opinion);

1. Medical certificates and opinions;

1. Application of the statutes governing traffic accident photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The defendant's negligence in sentencing Article 62 (1) of the Criminal Code provides that the defendant suffered a serious injury to the victim and the victim's family members as well as his/her family members will suffer continuous suffering. However, the defendant is in depth of the crime.

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