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(영문) 대구지방법원 김천지원 2019.02.27 2018고단1274
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 who drives a K5-car.

On November 16, 2018, the Defendant driven the above car on the 02:23th day of November, 2018, and proceeded with the access road to the rooftop underground streets located in the old-si Do, Sinsi-si, Sinsi-si, at a speed of about 149 km at the speed of about 149 km.

Since there is a road with a restricted speed of 70km per hour, a driver of a motor vehicle has a duty of care to observe the restricted speed, to live well on the right and the right, and to accurately manipulate the steering gear and brakes so as to prevent accidents.

However, the Defendant neglected to do so and proceeded with a speed exceeding about 79 km per hour, lost the center, and exceeded the central line, and received a dicking day installed on the opposite lane.

Accordingly, the Defendant suffered, by such occupational negligence, injury to the victim C(23 years of age) who was on the part of the Defendant’s car, such as knee knee kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne knee knee kne knee kne knee kne kne, an open room for the part of the mouth, and an injury to the victim E (hereinafter the victim E

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. An on-site survey report, on-site photographs, and black stuffs and caps;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on investigation (calculated the speed of a motor vehicle through a black box, image, and on-site room);

1. Article 3 (1) of the relevant 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 main sentence of Article 62 (1) of the Criminal Act;

1. The reason and speed of the sentencing of Article 62-2(1) of the Criminal Act regarding community service and lecture attendance order shall be drive at a speed near 150 km per hour on the road in a city where the speed of the sentencing is 70 km per hour.

The accident that goes beyond the central line took place.

Blood alcohol concentration is 0.036% punished.

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