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(영문) 수원지방법원 안산지원 2018.08.28 2018고단1747
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

around 02:05 on January 28, 2018, the Defendant, who is engaged in the business of driving the C-learning car, was driving the said car along the two-lanes from the boundary of the Dong community service center in Ansan-si to the intersection of the C-learning Do.

Since the limit speed to children's protection zones is 30 km per hour, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle while complying with the limit speed.

Nevertheless, the defendant got the victim E (the age of 41) who crosses the road from the left side of the defendant's course to the right side by negligence that has proceeded with a restricted speed exceeding 31.2 km every hour, and got the victim E (the age of 41) to the road.

Defendant 1 suffered injury to the victim, such as a dives dives dives dives dives, which require approximately 18 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Blucs cambling images (ROMs);

1. Medical certificates and medical opinions;

1. Application of Acts and subordinate statutes to a report on investigation;

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. The sentencing of Article 62(1) of the suspended sentence under the Criminal Act is that the Defendant, at night, has shocked the victim while driving a vehicle in excess of the speed of 30km or more, and thereby, led to serious injury to the victim that may cause harm to the victim’s life. Thus, the nature of the crime is not good.

Provided, That it is deemed that the victim also caused the occurrence of the accident, the defendant has agreed with the victim, and the defendant is the primary offender, etc., the punishment shall be determined as per the order.

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