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(영문) 서울동부지방법원 2020.01.16 2019고단3230
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 one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person engaged in driving a benz car.

On July 17, 2019, the Defendant driven the above car at around 20:45, and proceeded three lanes from the four-lanes in front of Songpa-gu Seoul, Songpa-gu, Seoul to about 120 km in the city of Asia from the shooting distance of the sports ground to the three-lanes in the city of Asia.

At the time, the place is night, and the speed limit is 60 km per hour, so in such a case, there was a duty of care to make a person engaged in driving a motor vehicle well look at the right and the right and the right, and to observe the speed limit and drive a motor vehicle safely.

Nevertheless, the Defendant neglected this while driving at a speed exceeding about 60 km per hour, and was negligent in the course of the Defendant’s driving vehicle’s driving vehicle’s driving vehicle’s driving vehicle’s driving vehicle’s driving vehicle’s driving vehicle’s driving vehicle’s driving vehicle’s driving vehicle’s driving vehicle’s driving vehicle’s driving vehicle’s driving vehicle’s driving vehicle’s driving vehicle’s driving vehicle’s driving vehicle’s driving vehicle’s left side side portion

As a result, the Defendant suffered injury, such as the mouth of the body body body felbing, etc., accompanied by a felball that requires approximately 16 weeks of treatment by the victim due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of each traffic accident;

1. Submissions of traffic accident analysis reports;

1. A medical certificate;

1. Application of Acts and subordinate statutes concerning vehicles, on-site photographs, and black stay images;

1. Article 3 (1) and the proviso to Article 3 (2) 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, and Article 268 of the Criminal Act.

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

1. The reason for sentencing under Article 62-2 of the Criminal Act lies in a crime of violating the Road Traffic Act (Articles 151-2 and 46-3 of the Road Traffic Act) that the defendant had been punished twice as a fine for a crime of violating the Road Traffic Act (Articles 151-2 and 46-3 of the Road Traffic Act), but again, the defendant made the accident while driving in the city with the restricted speed exceeding approximately 60km (Article 46-3 subparagraph 3 of the Road Traffic Act).

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