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(영문) 광주지방법원목포지원 2020.10.20 2020고단367
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 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 the driving of a Korean commercial 4.5 tons truck.

On December 6, 2019, the Defendant proceeded at a speed of 62 km/h of Si, along the two-lanes of the D Elementary School located in the Manan-gun, Chungcheongnam-gun, Chungcheongnam-do, Seoul, at a speed of 62 km/h.

There are two-lane children protection zones with a limited speed of 30km/h. At the time, the FST5 car driven by the victim E (n.e., 39 years old) is proceeding in two-lanes on the same side as the defendant, so there was a duty of care to confirm the safety of course and change of course by well examining the right and the right of the driver of the vehicle.

Nevertheless, the defendant is deemed to have a limited speed of approximately 32km/h of indictment, and the defendant is deemed to have a clerical error in 62km/h of the indictment, and thus ex officio correct it.

In excess, due to the negligence of changing the course to two lanes temporarily while driving the above SM5 vehicle, the left side part of the above SM5 vehicle's left side was shocked with the upper part of the upper part of the above truck's right side, which led to the shock, the above SM5 vehicle was moved to the left side, the front part of the vehicle was received a centralized separation zone with the upper part, and the back part was shocked with the upper part of the victim G (n, 30 years old) driving on the opposite part.

Ultimately, the Defendant suffered, from the above occupational negligence, the injury of the victim E, including four or more cages that require approximately six weeks of medical treatment, and the injury of the cages, such as the string of a dynasium, to the victim G and the same passenger of the above vehicle, and to the I (Nam, 20 years of age) who is the same passenger of the victim G and the above vehicle.

Summary of Evidence

1. Statement E of the defendant in court;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a traffic accident report (on-site survey report), an accident site photograph, each diagnosis certificate (E, G), a traffic accident DNA analysis report, an investigation report (B. 4.5 tons of car vehicles for Korean commercial purposes at the time of the accident);

1. Each relevant Article of the Act concerning criminal facts;

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