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(영문) 전주지방법원 정읍지원 2018.11.13 2018고단365
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 29, 2018, the Defendant was driving at around 20:20, the car of sofluries C, and the Defendant was driving at around 81.5 km from the seat of the front of the E’s sanatorium at the time of regular Eup to the Grand First School at the speed of about 81.5 km.

In that sense, at night, it was difficult to see at night, and at that time, it was a road with a speed of 30 km per hour because it was designated as a senior citizen protection zone, so the defendant engaged in driving service, despite the fact that the defendant is required to safely drive the said road at a speed of 81.5km per hour over 5 km per hour without driving various safety measures, due to occupational negligence that proceeds from the above road at a speed of 81.5 km per hour over the speed of 51.5 km per hour without driving such safety measures, and the victim F (78 years old) driver's vehicle management machines going beyond the median line and going forward from the left side of the horse in the direction of the horse in which the victim suffered injury, such as "the escape of C1/C2 parallel and the brain damage less than 32 weeks in open."

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident report;

1. On-site photographs;

1. A report on internal investigation (related to attachment of CCTV images at the scene of an accident);

1. CCTV images of an accident site;

1. An analysis of traffic accidents;

1. Medical certificate (F);

1. Application of Acts and subordinate statutes to medical treatment (F);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures is highly high, as indicated in its reasoning, and the degree of injury caused by the crime of this case is considerably heavy and the nature and circumstances of the crime are not good.

The victim has no consciousness in a half of the head, and the father's consciousness is damaged.

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