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(영문) 의정부지방법원 고양지원 2016.06.16 2016고단198
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 a period of 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 driving a car in the C SP area.

On June 16, 2015, the Defendant driven the above car at around 18:20, the Defendant continued to drive it, leading to the village of the east-gu Seoul Metropolitan City, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul Metropolitan City, one lane from the west-do, Do to the west-do.

However, since the restricted speed is 60 km per hour, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle safely by complying with the restricted speed and properly operating the steering direction and brake system by properly operating it.

Nevertheless, the Defendant neglected this and proceeded at a speed of 94.2 km per hour exceeding 34.2 km per hour, and did not discover the victim E ( South, 65 years old) who has changed the vehicle from three lanes near the direction of the running of the Madle Defendant to one lane, and received the bicycle as the part of the Defendant’s vehicle heading ahead of the right side of the vehicle.

As a result, the Defendant caused the victim to suffer injury, such as dynassis of the boness requiring approximately eight weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of E in the protocol of interrogation of the suspect against the accused by the prosecution;

1. A E-document;

1. Application of Acts and subordinate statutes to the actual survey report, each photograph, each diagnosis report, and the comprehensive traffic accident analysis report;

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 (Selection of Imprisonment without prison labor)

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

1. Sentencing under Article 62-2 of the Criminal Act for the observation of protection;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. The application of the sentencing guidelines [the determination of the type] traffic crimes, general traffic accidents, and type 1 (the injury of a traffic accident) (the person subject to special sentencing) also causes considerable negligence in the occurrence of a traffic accident or the expansion of damage, and the occurrence of serious injury (aggravated reduction).

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