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(영문) 수원지방법원 2020.06.18 2020고단807
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 shall be engaged in driving duties of K5 cars.

On December 4, 2019, at around 05:30 on December 4, 2019, the Defendant driven the above vehicle, and proceeded with the death ginseng distance of the Singue-gu Sinung-dong (Seoul) in the direction of correction at about 55 km from the 4-lane of letter to the 4-lane of the city.

At this time, since the night and the brue road is in the state of dissatising, all drivers have a duty of care to prevent accidents by driving slowly and safely manipulating steering devices and brakes in accordance with road conditions.

Nevertheless, the Defendant neglected this to stop on a stop signal, and caused the sudden negligence of flicking the central line, and caused the collision with the front wheel part of the DKaman vehicle driven by the victim C(62 years of age) who was in the middle of the adjacent 3-lane, with the front wheel part of the K5 vehicle.

After all, the Defendant suffered from the same negligence the injury of c and the injury to the victim E (the 82-year-old) who is the passenger of the above C and the damaged vehicle, and the F (the 47-year-old age) such as c and tensions, which require approximately 12 weeks of treatment, and the victim G (the 72-year-old age-old).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site photographs of a traffic accident report;

1. A medical certificate (C and three other persons);

1. Application of CD-related Acts and subordinate statutes

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. Selection of imprisonment without prison labor for the selection of a punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures is that the Defendant, while driving the road while the surface was towed, collisioned with the damaged vehicle that was driven normally in opposite directions due to the negligence of the median the central line, resulting in an injury to the victims, and the Defendant’s negligence does not mean that the victim’s negligence is less

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