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(영문) 청주지방법원 충주지원 2016.10.14 2016고단550
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On May 18, 2016, the Defendant driven the above cargo vehicle around 18:05, and proceeded at the speed of 88 km from the south apartment to the distance of the safe-speed road from the south apartment, at the speed of 88 km, along one way from the south apartment.

At the time, its location was 70km speed per hour, and in such a case, there was a duty of care to reduce the speed to a person engaged in driving of a motor vehicle below the speed limit and to prevent the accident from being delayed by driving the motor vehicle safely while driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and found at the latest a bicycle running from three lanes to one lane in the same direction of mast while driving in a state where the speed limit exceeds 18 km per hour while neglecting the duty of her front left, and due to the negligence that C was driving in the same direction of mast to the one lane, the Defendant received the rear wheels part of the above bicycle as the front wheel part of the above cargo vehicle.

Ultimately, the Defendant suffered from serious injury of brain cerebrovassis, etc. that requires at least 20 weeks of medical treatment to the victim D (the age of 15) who was on board the bicycle due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. On-site photographs, analysis reports on traffic accidents, and reports on traffic accidents;

1. Application of Acts and subordinate statutes to medical statements (whether serious injury is involved);

1. Article 3 (1) and the proviso to Article 4 (1) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act (Selection of Depository Punishment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing guidelines [Determination of types] traffic crimes, general traffic accidents, and Type 1 (Bodily Harm resulting from Traffic Accidents): In cases where serious injury occurs (Type 1): The basic area of punishment not to be imposed [the scope of decision on the recommending area and the balancing of recommendations], and credit cooperatives.

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