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(영문) 춘천지방법원 2017.08.30 2016고단1038
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 the duty of driving Category C cargo vehicles.

On June 17, 2016, 06:10 around 06:0, the Defendant is driving at a speed not safe but driving without safe by reducing the speed of yellow-off signals and by checking well the right and the right and the right and the right and the right and the speed of the instant road, on the ground that the instant road is installed only at a speed of 60 km per hour at the speed of 60 km, since the instant road is installed only on the road, the restriction speed of the instant road is recognized as 60 km per hour at the speed of restriction (the restriction speed of the instant road is recognized as 60 km per hour).

According to the recognition of the restriction speed of the road of this case at a speed of 21.05 km per hour as above, the excessive speed shall be limited to the remainder obtained by deducting 10 km from the excessive speed of 31.05 km of the facts charged.

On the other hand, the part on the right side of the E-to-face driven by the victim D (78 tax) driven by the victim D (78) who had entered the Chuncheon hospital from the above intersection due to the negligence of entering the said intersection beyond the volume, was damaged by the victim's damages such as the duct 1, 2, 3, 4, 5, 6 times the left side of the said cargo vehicle, and other islands, which were not known to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. The application of statutes to a survey report, diagnosis report, public notice on road traffic of the Gangwon-do Local Police Agency, and a response to fact-finding inquiries;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's assertion that the defendant is the defendant under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures is reasonable to fall under the case where the defendant drives a vehicle at a speed exceeding 20 km per hour at the time of the accident in this case.

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