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(영문) 대전지방법원 2017.05.25 2017고단1007
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 of a passenger car in the D SP area.

On December 29, 2016, the Defendant driven the above vehicle on December 23:35, 2016, and proceeded at the speed of 108 km each hour at a speed of 108 km from the 4-lane off the middle distance from the 4-lane off the 5-lane in Daejeon Seo-gu, Daejeon.

At the time, the speed of night and its location limit is 60 km per hour, and in such cases, there was a duty of care to observe the restricted speed as a person engaged in driving of a motor vehicle, and to prevent the accident from occurring due to the fact that the person engaged in driving of a motor vehicle was well aware of it

Nevertheless, the Defendant neglected to do so and neglected the duty of care in the front direction, and neglected to drive a speed exceeding 48 km per hour, thereby causing the victim G (24 tax) who was walking on the left side from the right side of the Defendant to the left side of the crosswalk installed at the right side of the crosswalk.

Ultimately, the Defendant suffered injury to the victim, such as a tent cutting down, which requires approximately 13 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

1. A report on investigation (Attachment of a medical certificate);

1. An investigation report (to attach a document analyzing devices for accident records);

1. An investigation report (Attachment to a motor vehicle black and video CD);

1. Application of Acts and subordinate statutes to traffic accident analysis replies;

1. Relevant Article 3 (1), the proviso to Article 3 (2), Article 3 (2) 3 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act provides that the defendant is guilty and reflects the crime of this case, that the defendant's aggravating vehicle is subscribed to a comprehensive mutual aid agreement with the victim, that the victim does not want the punishment of the defendant by agreement with the victim, that there is negligence of the victim in the occurrence of the traffic accident of this case

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