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(영문) 광주지방법원 순천지원 2018.06.12 2018고단323
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On January 12, 2018, at around 17:55, the Defendant driven the said car and driven the said car at a speed of no less than 86.8 km along the direction of the ecological tunnel, leading to the five-lane road in front of the CGV CGV, which is in an influence of drinking water, at a speed of no more than 17:5.

At the same time, the signal crossing was installed and the speed limit is 60 km every hour, so in such a case, the driver of the vehicle has the duty of care to check whether there is a vehicle driving on the road by complying with the speed limit and by properly examining the right and the right and the right of the vehicle, and to prevent the accident by driving the vehicle safely in accordance with the signals.

Nevertheless, the Defendant neglected to stop the vehicle driving signal but proceeded at a speed exceeding 26.8 km every hour, and due to the negligence of driving the speed at a speed exceeding 26.8 km on the opposite side of the road, the Defendant received the front part of the Defendant’s vehicle driving D 125 cc, which driven by the victim C (43 cc) who driven the left at the right-hand turn in accordance with the new subparagraph.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the removal of the aggregate executive members in need of approximately 16 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A comprehensive analysis of traffic accidents;

1. A medical certificate;

1. Application of each statute on photographs;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1 and 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor (such as the degree of mistake by a defendant, the degree of damage by a victim, etc.);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (such as the fact that the defendant is the first offender, the fact that the defendant agreed with the victim, and the fact that the defendant reflects the mistake).

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