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(영문) 광주지방법원 해남지원 2017.11.30 2017고단377
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

On May 20, 2017, the Defendant driven the above car at around 11:09, and driven the two-lanes of the two-lanes in the direction of the west-do Eup in the Seoul Special Metropolitan City, Chungcheongnam-do. The Defendant driven the above car at about 130km each hour from the tunnel bank to the front side of the police station.

Since the restriction speed is 80 km per hour, there was a duty of care to drive safely, such as complying with the speed limit and accurately operating the steering direction and brakes by making the operation of the driver.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded with a speed exceeding about 50 km per hour, the Defendant followed the victim C(67 Do) driving in the same direction, and followed the part of the Defendant’s vehicle in front of the Defendant’s vehicle, and continued to turn back the Defendant’s vehicle into the front part of the damaged vehicle. The Defendant’s vehicle turned back to the front part of the damaged vehicle.

The Defendant, by such occupational negligence, suffered from the injury to the victim C, such as salt ties and tensions that require approximately two weeks of treatment, the injury to the victim E (n.e., 68 years of age) who was on board the damaged vehicle, the injury to the body of the upper sloping body, which requires approximately ten weeks of treatment, and the injury to the same victim F (n.e., 8 years of age) such as dynasiums and tensions that require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each injury diagnosis certificate (E, F, C);

1. Reports on the occurrence of a traffic accident, reports on the occurrence of a traffic accident, reports on a traffic accident, and comprehensive analysis of a traffic accident;

1. Application of field photographs, black stuffs video photographs, black stuffs video 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, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 of the Criminal Act:

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