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(영문) 수원지방법원 2020.09.11 2020고단2424
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 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 a B-Wood vehicle.

Around 08:55 on January 2, 2020, the Defendant proceeded along the two-lane road from the king mountain distance to the king mountain distance, which is located on the port side of the wife population at Chicago-si.

There is a place where the maximum speed of the power-on-line line is set up at the right right of 60km each hour. In such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by complying with the car line and the speed limit.

Nevertheless, the Defendant neglected this and got the victim C (ma, 70 years of age) who passed a bicycle on the opposite side of the road due to the negligence of driving the central line by getting off the speed more than 49 km a speed of 49 km per hour.

Ultimately, the Defendant suffered injury to the victim of an occupational negligence, such as an injury from cerebral cerebral cerebral cerebral dysa, which requires rehabilitation treatment for at least one year.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. C’s statement;

1. The actual condition survey report and photographs of the accident site;

1. Breambox c.

1. An analysis of traffic accidents;

1. Application of Acts and subordinate statutes to medical certificates, medical record copies and certificates;

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

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act requires the victim to suffer bodily injury by causing a traffic accident involving the victim who gets on a bicycle on the side of the opposite road due to the Defendant's failure to meet the speed limit, which is beyond the upper limit limit, and the degree of the Defendant's breach of duty of care and the degree of the victim's bodily injury is not that provided for in this case.

In addition, the defendant around 2017.

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