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(영문) 대전지방법원 천안지원 2017.05.19 2017고단450
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 the business of driving the D-bridges.

On December 1, 2016, the Defendant driven the above vehicle at a speed of 67km from 73km to 73km each hour, according to the speed of 1:5km each hour, from the west-gu, south-gu, Seoul to the intersection of the shooting distance from the 33rd in the south-gu, Seoan-gu., the Defendant driven the above vehicle at a speed of 67km to 73km each hour.

At this point, there is no signal signal, and the restricted speed is 40 km a speed of 40 km a person engaged in driving a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle before entering the intersection and complying with the restricted speed.

Nevertheless, the Defendant neglected this and found at the latest a bicycle going to an intersection from the right side of the Defendant’s running on the speed exceeding 27 to 33 km per hour, and found at the latest a bicycle going to the intersection from the right side of the Defendant’s running direction, and operated the bicycle rapidly, but the Defendant did not go to the Defendant’s front part of the bicycle, and caused the damage to the road.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during the 20 week period of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The actual survey report and each photograph;

1. Request for appraisal and response to an appraisal;

1. Application of Acts and subordinate statutes to medical certificates, written opinions, and written statements;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] In the case of serious injury in the basic area (4 months to 1 year), the basic area (including special mitigation) [including efforts to recover damage] / In the case of serious injury (one type) [the sentence] [the sentence].

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