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(영문) 서울북부지방법원 2021.02.04 2020고단3046
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 the operation of Bbera cruises and passenger cars.

On April 1, 2020, the defendant, around 14:23 around 14:23, 2020, along the two-lanes of the road in front of the Seoul Jung-gu Seoul Metropolitan Government, along the direction from the edge of the drinking frame to the hill entrance distance.

Since the place is at the speed of 60 km per hour, there was a duty of care to prevent accidents in advance by operating the steering wheel and brake system accurately by complying with the speed limit and operating the steering wheel and brake system in good manner.

Nevertheless, the Defendant neglected this and found the victim D (the 55 years old) who changed the speed from the three-lanes to the two-lanes on the front side of the Defendant at the time when he got off the speed of the restriction more than about 43 km per hour, and started up to the floor on the front part of the Defendant's car without falling short of it.

Ultimately, the Defendant caused the victim by occupational negligence to suffer from severe cerebral injury caused by the climatic blood transfusion and from an incurable disease caused by the climatic disorder, which requires approximately 20 weeks medical treatment.

Summary of Evidence

1. Statement by the police concerning F of the defendant's legal statement;

1. Application of Acts and subordinate statutes to traffic accident investigation reports, accident site photographs, each traffic accident analysis report, CD reproduction diagnostic certificates for accident images;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The victim’s failure to punish the victim (including a serious effort for recovery of damage), and the criminal punishment has no record of criminal punishment in addition to the suspended sentence of punishment once every 98, and the social relation is clear and liable for livelihood. Each of the above circumstances and circumstances.

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