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(영문) 의정부지방법원 2018.10.02 2017고단2496
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of a dump truck.

On January 18, 2017, the Defendant driven the above vehicle at around 11:30, and proceeded at a speed of about 55 kilometers per hour from the tide protection area to the 30 kilometers per hour at the speed of restriction in front of D in the Namyang-si, Namyang-si.

Since there is a place where E is displayed as E, the speed of restriction is 30 kilometers per hour and the center line of yellow solid lines is installed, a person engaged in driving a motor vehicle has a duty of care to safely operate the motor vehicle in compliance with the speed limit thoroughly and with the speed of restriction.

Nevertheless, when the defendant drives a vehicle with a speed exceeding 20 kilometers a speed of 20 kilometers per hour and over the center line due to negligence, the defendant shocked the front part of the F SPP vehicle that is driven by the victim E (68 tax) which is driven in the opposite lane, into the front part of the above vehicle of the defendant.

Ultimately, the Defendant suffered injury to the victim, such as the so-called “abruption,” which requires approximately 12 weeks of treatment, due to such occupational and practical injury.

Summary of Evidence

1. Statement by the defendant in court (the fifth public trial date);

1. A fact-finding report, a photo, an investigation report (fluor video of a damaged vehicle), an on-site photograph, and an investigation report after cutting a fluore boom of the damaged vehicle;

1. Application of Acts and subordinate statutes to the written diagnosis of victims;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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, the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 1 (Bodily Injury by Traffic Accidents) (hereinafter referred to as "special mitigation (i.e., special mitigation) / Cases where illegality in the proviso (excluding subparagraph 8) of Article 3(2) of the Act on the Special Cases of the Union is serious, or in the case of bad driving (excluding the case of sentence] in the case of the defendant's central crime and the case of the traffic accident in this case, the defendant's negligence is serious.

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