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(영문) 청주지방법원 2017.07.04 2017고단420
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 a Grandroth.

On December 5, 2016, the Defendant driven an above 19:50 on the 19:50 on December 5, 2016, and proceeded at a speed of about 87.56 to 94.73km from the west-gun C, Jin-gun, Jincheon-gun, along one lane towards the foreline from the breadth of small water to the foreline.

It is an intersection where signal lights are installed and the speed limit is 60 km per hour, so in such a case, there was a duty of care to safely drive a person engaged in driving service by complying with signal and speed limit.

Nevertheless, by neglecting this, the Defendant violated stop signal and proceeded with a speed exceeding approximately 27.56 to 34.73 km per hour, and was negligent in driving the victim D (35 S) driving in accordance with the new name from the right side of the running direction to the left side of the Defendant, and received the front side of the Defendant’s vehicle into the right side of the Defendant’s vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D (35) of chill tensions, tensions, etc. in need of approximately two weeks of treatment, the injury to the victim F (36 years of age) who was on the Defendant’s vehicle to the victim F (the 36 years of age) who was on the part of the Defendant’s vehicle, such as a large-scale open evaculation, etc. in need of about 16 weeks of treatment, and the injury to the victim G (the 32 years of age), such as light dump dump, etc. in need of about two weeks of treatment, and the injury to the victim H (the 30 years of age), such as light dump dump, etc. in need of about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement of D, F, G, and H;

1. A survey report on actual condition and photographs on the scene of accidents;

1. Each written diagnosis;

1. Application of investigation reports (limited to the speed of suspect vehicles) and response to requests for appraisal;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment without prison labor for the option of punishment;

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