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(영문) 광주지방법원 2020.12.24 2020고단5000

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for 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 accelerator car.

On August 15, 2020, the defendant, on August 15, 2020, passed two lanes from the two-lanes in front of the Jeonsung-gun Rural Village, Jeonsung-gun.

The location is where a signal, etc. is installed, but it is a place with a crosswalk that does not work, and in such a case, since the speed limit is 80 km per hour, the defendant engaged in driving service has a duty of care to safely drive the crosswalk by checking whether the defendant is a person who gets on the front side and right side by lowering the speed.

Nevertheless, the Defendant neglected this and led the above road to a speed of about 110km per hour, and caused the victim D, who was crossing the road from the right side of the crosswalk, to the left side of the crosswalk, to go beyond the ground by taking the right shoulder by the left side of the above accelerator driver's top-down.

Ultimately, the Defendant suffered injury to the victim, such as pressure diversating spine 2 times in need of approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Comprehensive traffic accident analysis report;

1. Investigation report (the current state of the accident site and the designation of the accident site);

1. Three copies of a medical certificate;

1. Application of Acts and subordinate statutes concerning traffic accidents;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (3), and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

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

1. Scope of punishment by law: From January to five years of imprisonment without prison labor;

2. The scope of recommendation [the determination of types] according to the sentencing guidelines and the scope of recommendation [the scope of recommendation field and recommendation range] according to the general traffic accident [the category 1] and the injury [the special sentencing factor] caused by traffic accident: the element of mitigation of punishment in cases where illegality in Article 3(2) proviso (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious;