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(영문) 대구지방법원 경주지원 2017.11.08 2017고단576
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment 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 who is engaged in driving a low-speed car.

On July 17, 2017, the Defendant driven the above car at around 20:40, the Defendant proceeded with the passage route of the Handong-dong on the port side of the East East-si in the five-lanes of the parallel, which is about 91 to 93km in speed, depending on the two-lanes of the three-lane.

At the time, the surface was slicked, and the place was 60km speeded at the speed of 60km in which the center line of yellow solid lines is installed, so in such a case, the defendant, who is engaged in driving of a vehicle, has a duty of care to reduce the speed and accurately manipulate the brakes and steering gear, and to prevent the occurrence of the accident by safely driving along his lane.

Nevertheless, the Defendant neglected this and proceeded at a speed exceeding 30 km per hour while driving a speed exceeding 30 km, and due to negligence committed by the central line while driving the central line, the part of the victim C(W, 33 years old) driving d-p motor vehicle driving ahead of the Defendant’s car was driven by the main part in front of the Defendant’s car driving.

As a result, the Defendant suffered injury to the victim, such as damage to the number of flags, which requires approximately 12 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes 1 to a report on the occurrence of a traffic accident, a report on the actual condition of the traffic accident, a survey report, on-site photographs, a diagnostic certificate, caps photographs, c

1. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 3 (1), the proviso to Article 3 (2) 2 and 3, Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the community service order have led to traffic accidents due to the negligence of overworking the central line and resulting in relatively serious injury to the victim.

Provided, That this shall not apply to the confession of the accused and the victim.

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