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(영문) 제주지방법원 2020.05.07 2020고단574
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 engaged in driving a B-to-pur vehicle.

On December 28, 2019, the Defendant driven the said car at a speed of about 136 km from the intersection to the Western police station at the speed of about 136 km, depending on the side side from the intersection at the speed of 136 km near the upper intersection in Jeju City.

At that time, the intersection where the center line of the yellow-line line is installed and the speed limit is 50 km a speed, so the driver of the motor vehicle has a duty of care to safely operate the steering system and the brake system by complying with the speed limit and accurately operating the steering system.

Nevertheless, the Defendant neglected this and failed to set a speed exceeding 86 km per hour while driving a motor vehicle at the center without setting the speed, and due to the negligence of driving the motor vehicle at the center line with the center line, carried directly in the opposite direction to the right side part of the motor vehicle of the victim C(27 years old) driving.

After all, the Defendant suffered from the above occupational negligence on the part of the victim E (the 26-year old-old) who is a passenger of the foregoing A-Wurt-Wur-Wur-Wurl-Wurl-Wurl-Wurl-Wurl-Wurl-Wurl-Wurl-Wurl-Wurging the left-hand aggregates, etc. for about seven weeks,

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to each accident site photograph, actual condition survey report (1) (2), CCTV image-fashion photograph, CCTV image, each diagnosis document, and traffic accident analysis report;

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

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

1. Selection of alternative imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act (including the favorable circumstances among the reasons for sentencing below) is that the instant crime is committed at the speed of 86 km per hour.

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