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(영문) 춘천지방법원 원주지원 2017.09.13 2017고단637
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence 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 the B-learning passenger car.

On April 22, 2017, the Defendant, at around 22:10, proceeded two lanes at a speed of about 80 km from Gwangju bank to the original bank, at a speed of about 45.6 km from the original bank in order to drive two lanes at a speed of about 80 km.

Since the location is a tunnel of two-lanes where a white solid line is installed, a person engaged in driving of a motor vehicle is not obliged to change the vehicle in excess of a white solid line, and there was a duty of care to prevent accidents such as safe driving by checking the front side and the right and the right.

Nevertheless, the Defendant neglected this and changed the two lanes from the two lanes to the one another, and proceeded ahead with the victim C(19 S) driving of the instant road to the front direction of the car driving, and the above co-section 1 was erofed by the Defendant’s back part of the vehicle with the front direction of the car.

Ultimately, the Defendant caused the victim E (20) who was on board the said C’s car to suffer from the foregoing occupational negligence, such as salt dynasium and tensions for approximately 2 weeks of treatment, and the Defendant suffered from the victim E (20) who was on board the said C’s car with no wife in two open fields where treatment is required for about 2 weeks of treatment, and the Defendant’s victim FF (37 years of age) who was on board the Defendant’s vehicle with approximately 13 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a actual investigation report, and a written statement on the occurrence of a traffic accident;

1. On-site photographs;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following sentencing is the most favorable factor) is common sense.

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