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(영문) 전주지방법원 2020.11.18 2020고단797
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

Defendant

B is a person who is engaged in driving a car in the car.

On March 8, 2020, the Defendant driven the said car on March 10, 2020, while driving the said car and driving the D-type and S-type distance from the west B to the E-section from the west B.

Since there are signals, etc. and the speed limit is 60km, the driver of the motor vehicle has a duty of care to prevent accidents in advance by safely proceeding with the speed reduction and the right and the right of the driver of the motor vehicle by checking well.

Nevertheless, the Defendant neglected this and led the Defendant to the front part of the Defendant’s vehicle, which was driven by the Victim F (V, 78 years old) who was driven by the U.S. F (F, South and 78 years old) who was driven by the U.S. in a regular internship zone against the opposite direction in the speed exceeding 128 km speed.

The Defendant, by occupational negligence, suffered injury to the Victim F (F) by the Defendant, on the part of the Defendant, around 12 weeks of clocks and tensions, and on the part of the passenger of the victimized vehicle, about 12 weeks of clocks and tensions, and on the part of the passenger of the victimized vehicle, around 71 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual survey report and on-site photographs;

1. Investigation report (Speed analysis for vehicle B knife vehicle);

1. Application of each of the Acts and subordinate statutes to a report on investigation (Attachment of black stuff images);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts, Articles 40 and 50 of the Criminal Act;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Act on Suspension of Execution (The following extenuating circumstances deemed favorable for the reason of sentencing):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is a vehicle with a limited speed exceeding 68 km while driving a vehicle.

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