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(영문) 대전지방법원홍성지원 2020.11.10 2020고단566
교통사고처리특례법위반(치상)
Text

The punishment of the accused shall be determined by the imprisonment without prison labor for six months.

except that the above sentence shall be executed for one year after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2020. 2. 22. 05:40경 B 그랜저 승용차를 운전하여 보령시 C 인근 편도 1차로의 도로를 죽도 방면에서 됫박산 교차로 방면으로 진행하였다.

Since it is a road with a restricted speed of 60km per hour, a person engaged in driving service has a duty of care to safely drive by complying with the vehicle line and the restricted speed.

Nevertheless, the Defendant neglected this and failed to turn the speed more than 78 km per hour, and did not properly turn a bend road to the right, and shocked the trees and concrete structures suitable for the left side of the driver's vehicle.

Accordingly, the Defendant suffered from the above occupational negligence on the part of the victim D (ma, 18 years of age) who was accompanied by the Defendant’s driver’s car, the injury of ear’s scambling, etc., which requires approximately two-day medical treatment for about two weeks, and multiple scambing scambling, etc., which require approximately two-day medical treatment to the victim F (ma, 21 years of age), and the victim G (ma, 21 years of age) for approximately 16 weeks of medical treatment.

Summary of Evidence

1. Report on traffic accident by the police on the defendant's legal statement G;

1. Application of Part VI Acts and subordinate statutes, written diagnosis of traffic accident engineering analysis;

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

1. Selection of imprisonment without prison labor for the selection of a punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 1] causing a traffic accident (special person], the element of mitigation of punishment: In the area of reduction of punishment (the scope of recommendation and recommendation) and in the area of reduction of punishment (the scope of recommendation and recommendation], one month to eight months;

2. Determination and speed of sentence, and the degree of injury suffered by some victims;

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