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(영문) 광주지방법원 순천지원 2020.06.17 2019고단2391
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Criminal facts

At around 16:00 on August 19, 2019, the Defendant is a person engaging in driving of B-learning cars, and the Defendant driven the said car at a speed of approximately 165 km/h according to the direction of leisure from the right side to the right side at the right side at the right speed of the front of C-off at the time of leisure.

Since its location is 80km/h, the defendant engaged in driving of a motor vehicle has a duty of care to observe the speed limit, to live well on the right and the right of the front side, and to safely drive the steering direction, brakes and other devices in a correct manner, to prevent accidents in advance.

However, the Defendant, while neglecting the above duty of care by neglecting the speed of more than 20km/h, led the Defendant to fall the said QM3 car into the river under approximately 13 meters of the debrison, following the E QM3 car driven by the victim D (the age of 68) who operated the direction direction from the two-lane to the one-lane in the same direction.

The Defendant, due to the above occupational negligence, sustained injury to the victim F (V, South, and 72 years old) of chest clocks and tensions in need of approximately two weeks of treatment to the victim D, and suffered injury to the victim F (V, South, and 72 years old) who was on the said QM3 car, for about one week of treatment, and at the same time caused the fall of a motor vehicle with which people exist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report (1) (1) and a traffic investigation EDR analysis report;

1. Medical certificates (D) and written request for medical care benefits (F);

1. Application of the Acts and subordinate statutes to each traffic accident site evidentiary photographs, black scamblings and photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Handling of Traffic Accidents, Article 268 of the Criminal Act, Article 189 (2) and Article 187 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;

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