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(영문) 의정부지방법원 2018.07.24 2018고단1929
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 engaging in driving a rocketing car.

On August 19, 2017, the Defendant, around 22:20 on August 19, 2017, came to proceed one-lane of the two-lanes from the village bank to the south-do bank.

At the time, the road was at night and the view was not secured, and the speed of the above road was 70km speed per hour. In such a case, a driver engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle, such as: (a) a driver who is engaged in driving a motor vehicle, not exceeding the restricted speed for the prevention of accidents and safe operation; (b) a driver is responsible for driving the motor vehicle, such as a driver who is in charge of driving a

Nevertheless, the Defendant neglected this and found the victim E (56) who crosses the road to the right side from the left side of the direction of the Defendant’s proceeding to be late due to the occupational negligence going about about 80 km per hour beyond the speed limit, and received the victim as the front part of the above vehicle’s operation, and suffered the victim’s injury during approximately 10 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement of E;

1. A medical statement (whether serious injury is inflicted);

1. A medical certificate or a medical certificate with lost disabilities;

1. The application of a reply to a request for appraisal, a report on investigation (limited speed investigation of an accident site), a report on actual condition investigation, and an on-site photograph Act and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] In the case where there is a substantial fault in the occurrence of traffic accidents or the expansion of damage even to the victim of the basic area (such as April to one year) (special mitigation) of the type 1 of traffic accidents (special mitigation) [the victim] / In the case where there is a serious injury due to the occurrence of traffic accidents or the expansion of damage (the type 1] / [the decision of sentencing] in the case where the defendant is driving at a speed of about 80km per hour exceeding the speed limit of 70km per hour.

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