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(영문) 청주지방법원 2019.01.10 2018고단696
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

On November 18, 2017, the Defendant driven BCA 100 Oba, and proceeded at a speed of about 67 km from the west Fire Station to the cross-city bus terminal in order to drive a four-lane road near the Heung-gu Seoul Metropolitan City, Chungcheongnam-gu.

At the time, there were nights and neighborhood living facilities around the above road, and thus, the defendant, who was engaged in driving service, had a duty of care to properly operate the steering system, and to reduce the speed and to proceed with it in a safe way.

Nevertheless, the Defendant neglected to do so and did not see the front bank properly, and proceeded with it as above, and took the front part of the victim D (W, 50 years old) who crossed the road to the right side from the left side of the Defendant's bed as the front part of the victim D (W, 50 years old) who crossed the road to the right side.

The Defendant suffered injury to the victim due to the above occupational negligence during approximately 20 weeks of medical treatment, such as blood transfusion, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Results of the entrustment of appraisal by the Road Traffic Authority;

1. Examination protocol of the accused by prosecution;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site photographs, maximum speed limitation signs and photographs;

1. Medical statements, delivery of traffic accident analysis statements, application of Acts and subordinate statutes;

1. Determination as to the assertion by the Defendant and his/her defense counsel regarding criminal facts under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act

1. The Defendant did not have any excessive speed beyond the limit, and the Defendant was negligent in having committed an accident while proceeding with the point of accident in accordance with green signals.

From the time when the defendant discovered the victim, the distance between the defendant and the victim is about 7.4 meters, and the defendant proceeded at a speed of 60 km per hour.

Even if the distance of suspension is 31.91m, it could not avoid the conflict with the victim.

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