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(영문) 수원지방법원 2018.07.19 2018고단2145
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the D Bluri vehicle.

On July 24, 2017, the Defendant driven the above vehicle at around 20:0 and proceeded two lanes in front of the F station in the C station in the time of harmony from the mountain to the south of the parallel distance.

At the time, the speed of restriction is 70 km per hour, and there is an intersection where signal, etc. is installed, the Defendant, who is engaged in the driving of the motor vehicle, has a duty of care to safely drive the motor vehicle in accordance with good faith by complying with the speed of restriction and by properly examining the front side.

Nevertheless, the Defendant neglected to do so and proceeded about 104 km in speed, and neglected and proceeded with the stop signal, and received the front part of the Defendant’s vehicle from the front part of the Defendant’s vehicle in front of the Defendant, when he was negligent in disregarding and proceeding it as it was.

As a result, the Defendant suffered serious injury by causing death to an unidentified state due to the two internal blood transfusions and two joints with no one open to the victim by negligence in the course of performing the above duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A comprehensive analysis of traffic accidents;

1. Accident video CDs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The reason for sentencing of Article 3(1) and 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3(1)1 and 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act [the scope of the recommended punishment] The special aggravated area (8 to 3 years) of the special aggravated area (the injury caused by traffic accidents): In a case where serious injury occurred, where the illegality in the proviso of Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents (in a case where more than 2 proviso are applicable) is serious (the decision of sentence] In a case where the Defendant committed the instant crime, while driving at a speed exceeding 20 km per hour, and by negligence entering the intersection as it is in violation of the driving signal, and thereby, becomes new in the opposite line.

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