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(영문) 전주지방법원 2020.01.16 2019고단550
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

On December 24, 2018, the Defendant driven the above car on December 17:50, 2018, and led the two-lanes of the two-lanes around 128km from the breadth of the Gu to the front line.

At all times, the speed limit is 90km per hour, and the view of the road was passed without street lights, and there was a duty of care to safely drive the vehicle, such as complying with the speed limit and taking appropriate measures when the obstacle appeared.

그럼에도 불구하고 피고인은 이를 게을리한 채 제한속도를 시속 38km 초과하여 운전하면서 전방 주시를 해태한 과실로, 1차 사고로 정차해 있던 피해자 C(55세) 운전의 D 제네시스 승용차를 미처 발견치 못하고 위 그랜저 승용차 앞부분으로 위 제네시스 승용차 앞부분을 들이받아 피해자를 차 밖으로 튕겨 나가게 하였다.

As a result, the Defendant suffered serious injury to a victim due to the above occupational negligence, which caused the victim to suffer from a serious injury, such as blood transfusion, in which there is no two open situations where treatment is required for more than six months.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of a traffic accident, report on the occurrence of a traffic accident, results requested for the analysis of the traffic accident, reply to the investigation report (related to serious injury), investigation report (related to the negligence of a suspect

1. Grounds for sentencing under Article 3 (1), the proviso to Article 2, Article 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Scope of punishment by law: From January to five years of imprisonment without prison labor;

2. The scope of recommendation [the determination of types] according to the sentencing guidelines, and the ordinary traffic accident [the category 1], the injury (the special person in appearance] of traffic accident - the aggravated element: the occurrence of serious injury.

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