(영문) 전주지방법원 2017.02.07 2016고단1910

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(영문) 전주지방법원 2017.02.07 2016고단1910

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

However, the execution of the above punishment shall be suspended for a period of one year 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 motor vehicle of C New Zealand.

On August 15, 2016, the Defendant driven the above vehicle at around 22:07, and led the front of the road along the intersection of the Egyptian city D in the arm’s length of the front.

Since the place is a child protection zone and the signal apparatus was operated on the front side, a person engaged in driving a motor vehicle has a duty of care to observe signal and speed limit and to prevent accidents by accurately using brakes and steering gear while living well on the front side and the right side.

Nevertheless, the Defendant neglected to do so and did not look at the front side and the right and the right and the right and the right and the speed of the restriction exceeds 20 km by the speed of 69.8 km per hour, and concealed the part adjacent to the left side of the Defendant’s driving of the victim FF (30 cm) who entered the intersection in the Roman red fe-fe-fe-fe-ray fe-ray, which entered the intersection in the speed of 69.8 km per hour.

As a result, the Defendant caused the above occupational negligence, resulting in the victim's injury, such as pressure 7 times in the 14-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Each investigation report (related to the speed of progress at the time of the accident of 3rd and Me2 vehicles) ;

1. Speed of a response to a request for appraisal;

1. A medical certificate (a list No. 35);

1. Application of Acts and subordinate statutes to photographs and photographs at the scene of an accident;

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 3 of the Act, Article 268 of the Criminal Act, and selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] of the Criminal Act shall be the type of general traffic accident.

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