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(영문) 광주지방법원 해남지원 2019.06.20 2019고단136
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 Bchip car.

On March 2, 2019, at around 09:20, the Defendant proceeded two lanes in front of the Cthree-distance of Jindo-gun, Jindo-gun, at the speed of 100km from D to E gas station at a speed of 100km per hour.

Since there is a limited speed of 60km per hour, a person engaged in the driving of motor vehicles has a duty of care to prevent accidents by complying with the restricted speed and accurately manipulating and operating steering gear and brakes.

Nevertheless, the Defendant neglected this and neglected to turn to the left in the direction of Sacheon-ri from the negligence of driving a limited speed exceeding 40km, and received the part of the victim F (70 years of age) driving the G Galcheon-lurged Vehicle in front of the front left-hand driver's seat in the Defendant's vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim F, such as pressure drums of spine No. 2, which requires approximately 12 weeks of treatment, and injury to the victim H (V, 63 years of age) who took advantage of the damaged vehicle, such as pressure drums of spine No. 12, which require approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F and H;

1. A traffic accident report;

1. Requests for EDR analysis;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

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

1. Selection of alternative imprisonment without prison labor;

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

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Although the sentencing guidelines do not directly apply to the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) within the scope of the recommended sentencing guidelines according to the sentencing guidelines, the sentencing guidelines are as follows for proper sentencing.

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