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(영문) 의정부지방법원 고양지원 2019.10.18 2019고단1630
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for one year 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 Track Car B.

On November 28, 2018, the Defendant driven the above vehicle at around 22:30 on November 28, 2018, and led the front intersection of Seongdong-gu Seoul to the Seoul Forest.

At that time, the restricted speed is 40 km, so in such a case, the driver of the vehicle has a duty of care to prevent the accident in advance by safely driving the vehicle by complying with the restricted speed, such as ensuring that the driver of the vehicle well sees the right and the right and the right.

Nevertheless, the Defendant neglected this and proceeded with a limited speed exceeding 22.3km a speed exceeding 62.3km per hour, and caused injury to the number of days of treatment, such as requiring long-term rehabilitation treatment, by shocking the victim E (n, 54 years old) crossing the said road into the front part of the right side of the vehicle driving by the Defendant, and causing the victim to have no consciousness for 19 days, by suffering from an external wound sofacing in which there is no open address within two parts, and causing injury to the victim E (n, 54 years old).

Summary of Evidence

1. Defendant's legal statement;

1. 8 copies of a traffic accident report and vehicle photograph;

1. A medical certificate;

1. Investigation report, investigation report (as to the injury of the victim), investigation report (as to speed analysis and accident place of the Road Traffic Authority, speed limitation on the accident place), traffic accident analysis report, application of Acts and subordinate statutes;

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

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

1. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 1] the injury [special person] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, imprisonment without prison labor for one month through eight months;

2. The decision of sentence shall not be less than that of the victim due to the negligence of the defendant;

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