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(영문) 전주지방법원 2020.07.22 2020고단153
교통사고처리특례법위반(치상)
Text

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

except that 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 the B's YYN car in Grandland.

On July 30, 2019, the Defendant driven the above car on July 21, 2010, and driven the two-lanes from the king intersection to the 155 km away from the king intersection to the area of the intersection, which is located in the west-si in the west-Eup of the Seoul Metropolitan City.

At all times, since it is a road with a speed of 80 km per hour, the driver of the vehicle has a duty of care to safely drive the vehicle by complying with the speed limit.

Nevertheless, the Defendant neglected to do so and neglected to keep the restricted speed exceeding 75 km and received the rear side of the victim C (the 44-year-old and the 3-year-old truck in front of the said car from the victim C (the 44-year-old truck) driving.

Ultimately, the Defendant suffered, by its occupational negligence, injury to the above C, such as a pelle, closure, etc. between the right-side pelle, and injury to the brain pelle and the inner pelle, etc. in need of approximately 12 weeks of treatment to E (the 15 years of age), and injury to the son F (the 13 years of age) in need of approximately 6 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (victim C telephone communications);

1. The application of Acts and subordinate statutes to the survey report on actual condition, photographs, each diagnosis report and the table for request for appraisal;

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

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

1. Selection of alternative imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of recommendation [the determination of types] according to the sentencing criteria for traffic crimes shall be limited to the general traffic accident [the category 1] causing traffic accidents (the special person who is sentenced to punishment]: The punishment shall not be limited.

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