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(영문) 전주지방법원 2015.06.23 2015고단400
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years 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 a train, cattle shed, or truck truck truck vehicle in the modern 4.5 tons.

On January 16, 2015, the Defendant driven the above cargo vehicle at around 04:45, and driven the two-lane road in front of the E, which is located in Chungcheongnam-gu Seoul Metropolitan Government D in Jeonju-si, the Defendant driven from three-lanes to two-lanes from the south Japan.

The location was designated as a child protection zone and the restricted speed was 30 km per hour, and at the time, it was difficult to see the electric light due to the headlights of motor vehicles that are travelling at night, so there was a duty of care to reduce the speed and prevent accidents by driving a motor vehicle in good manner.

Nevertheless, the Defendant neglected this and proceeded about 62 km a speed exceeding 20 km a speed of speed, and did not live well, the Defendant’s negligence, which led the water to the right side from the left side of the course to the right side of the road, received the victim F (the age of 79) of the Defendant’s driving vehicle as the front part of the cargo vehicle at the Defendant’s driving.

As a result, the Defendant suffered from such occupational negligence as above, and the victim suffered from injury, such as pressure duplicating first in need of treatment for about three months.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Reports on traffic accidents, on-site photographs, and reports on the occurrence of traffic accidents;

1. A comprehensive traffic accident analysis report and investigation report (related to speed of the sea).

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] of the General Traffic Accidents Act shall be limited to the occurrence of traffic accidents or the expansion of damage to the victim in the area of special mitigation (one to six months) (special mitigation).

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