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(영문) 전주지방법원 2020.02.12 2019고단1140
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 a low-speed car B.

Around 00:45 on January 2, 2019, the Defendant driven the above vehicle at a speed of 117km/h in proportion to the speed of 117km/h, depending on the two-lanes in the direction of the Defendant’s proceeding (hereinafter referred to as “F apartment”) in the direction of the Defendant’s proceeding, while driving the vehicle at a speed of 00:45 on the front week, and driving the vehicle at a speed of 117km/h in accordance with the two-lanes of the two-lanes in the direction of the direction of the Defendant’s proceeding (the right side of the Defendant’s proceeding). In such a case, the vehicle driver has a duty of care to observe the speed of restriction, to ensure the right side of the crosswalk, to ensure the right side of the crosswalk, and to prevent the accident by accurately operating the steering direction and operation of the brake. Nevertheless, the Defendant neglected the operation of the vehicle.

Accordingly, the Defendant suffered injury to the victim, such as the body felbling of the body body in need of approximately 10 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. The actual survey report and the response on the results of the analysis of traffic accidents;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and Article 2

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing in Article 62-2 of the Criminal Act [the scope of recommending punishment] of the General Traffic Accident Punishment Act [the scope of recommending punishment] Article 62-2 of the Criminal Act (including efforts to recover from damage caused by traffic accidents] (Article 62-1 to 8) and Article 62-2 (Article 62 of the Punishment of Traffic Accidents] [Special Mitigation] of the mitigated area (including efforts to mitigate damage] [the decision of sentencing] of a defendant's negligence, but the defendant is against his fault.

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