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(영문) 대구지방법원 상주지원 2018.04.24 2018고단25
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 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 C Launa taxi.

On December 12, 2017, around 02:45, the Defendant promoted the national highways No. 34 in front of the Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-si into one lane among the two laness in the direction of Ycheon-si.

Since the restriction speed is 80 km per hour, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by complying with the vehicle line and the restricted speed, and operating a steering system and operating a steering system accurately.

Nevertheless, the Defendant neglected this and caused a limited speed more than 40 km per hour, and the Defendant shocked the FTrack's carrying of the freight truck in the opposite lane E (26 tax) driving on the opposite lane.

Ultimately, the Defendant suffered, by the above occupational negligence, the injury to the victim G (58) who was on the si in need of approximately two weeks’ medical treatment, such as a scam scam scam scam scam scam scam scam scamscam scamscams, etc., which require approximately eight weeks’ medical treatment to the said victim H (61) and the victim I (56 years of age) for approximately three months’ medical 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 police statement made to E, H and I;

1. Reporting on the occurrence of a traffic accident and reporting thereon;

1. Each report on internal investigation (No. 10, 15, 17, 18, 27 No. 5);

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Crime; Article 268 of the Criminal Act;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are significantly exceeding the limited speed.

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