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(영문) 춘천지방법원 강릉지원 2019.07.24 2019고단483
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car by borrowing B.

On November 7, 2018, the Defendant operated the said car at a speed of 77.4km per hour from the west-si bank to the west-si bank of Gangnam-si, and operated the national highway 7 lanes at the entrance of Gangnam-si at the speed of 77.4km per hour from the west-si bank to the east-si bank of the East Sea.

At that point, the ordinary speed of the regulation is 60 km per hour, but at that time, there was a suck road at the time, so the driver of the motor vehicle is driving at a speed of less than 48 km per hour by reducing the speed of 20%, and the driver of the motor vehicle is driving at a speed of less than 48 km per hour, while driving on the right side of the yellow domin line, there was a duty of care to properly operate the brakes and steering gear and prevent accidents.

Nevertheless, the Defendant: (a) operated a vehicle at a speed exceeding 29.4km per hour; (b) operated a vehicle at a speed of 77.4km from the two-lane to the one-lane road; (c) shocked the right shoulder by the front part of the Defendant’s vehicle; and (d) shocked the center line on the left-hand side by the shocking the center line; and (b) shocked the front part of the victim D(38 years of age) driving Ei30 car, driving a vehicle in the speed of the Defendant’s vehicle into the front part of the vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, the injury such as mination of feld executives, etc., which requires approximately nine weeks of medical treatment to the victim D, injury such as chest feld, etc., which requires approximately four weeks of medical treatment to the victim F, who was on the top of the damaged vehicle, and the victim G (2 years of age) who was on the top of the damaged vehicle in need of medical treatment for about six weeks of medical treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual survey report and the accident site photograph;

1. A report on investigation (Attachment of black stuff images) and a report on investigation (investigation into the results of requests for appraisal at vehicle speed);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant provisions concerning facts constituting an offense;

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