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(영문) 수원지방법원 성남지원 2016.11.24 2016고단2130
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 of a C Poter cargo vehicle.

On October 25, 2015, the Defendant driven the above cargo vehicle around 22:40, while proceeding three lanes in front of the end point of the solar quarter of the motorway between Sungnam-head of Ho-dong in Gwangju Metropolitan City, Gwangju Metropolitan City, along with three lanes from the right edge to the right edge of the motorway.

Since it is a motorway, there was a duty of care to prevent a person engaged in driving of a motor vehicle from moving on the road.

Nevertheless, the Defendant was negligent in neglecting this and driving at a speed of about 20 km in the speed of speed, and the victim D(34 years old) who is going straight at the speed of about 80 km in speed from the right later side of the same lane, and was driven by the victim D(34 years old) in the direction of speed of about 80 km in the speed of the speed.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim D, such as cage cage cages, etc. which require approximately 8 weeks of medical treatment for the victim D, injury to F (59 years of age) who is the passenger of Abdog-lurged vehicle, such as a shocking body cages, which requires approximately 8 weeks of medical treatment, injury to G (53 years of age) who is the same passenger G (53 years of age) where there is no possibility of cryping due to cage cages, etc. due to free blood transfusions that require approximately 12 weeks of medical treatment, and injury to H (46 years of age) who is the same passenger of the said cargo, such as spin pressure cage cage cages, etc. requiring approximately 25 weeks of medical treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition of traffic accidents;

1. Each medical certificate and each statement of opinion;

1. Application of statutes on site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

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

1. Selection of penalty;

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