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(영문) 수원지방법원 2019.06.05 2018고단7597
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bsch Rexton car.

On June 16, 2018, the Defendant driven the said car at around 22:56, and proceeded along the road of four lanes in front of the transfer underground road in Suwon-si C in Suwon-si, Suwon-si, with the direction of the direction from the distance of the transfer.

Since there was a limited speed of 60 km per hour, there was a duty of care to observe the restricted speed to those engaged in driving of a motor vehicle and to prevent accidents in advance by safely driving the motor vehicle in a manner that the driver is able to live well.

Nevertheless, the Defendant neglected this and found the victim D (the age of 49) who crosses the road to the port from the right side of the course to the port at a speed exceeding 83.5 km per hour when 23.5 km per hour, and received the victim’s left side side part of the bridge with the front side of the Defendant’s vehicle.

Ultimately, the Defendant suffered from the above occupational negligence that caused bodily injury to the victim, such as a scambling, etc. which requires approximately 16 weeks of medical treatment, and that there was no open two wound, and that there was a serious injury to the victim, such as an internal blood transfusion.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report- a standing survey report, an accident site, and related vehicles;

1. Reports on internal accidents (in response to the response to the analysis of speed requests), and comprehensive analysis of traffic accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] General Traffic Accidents in Type 1 (Death by Traffic Accidents): A person who is under special mitigation of punishment who is not under special mitigation of punishment: In the event of serious injury (decision of sentence] occurrence of the crime in this case, the crime in this case was committed by negligence while driving in excess of the speed of 23.5 km at a speed exceeding that of speed of 23.5 km.

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