교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On 05:35 on 26, 2018, the Defendant driven a motor vehicle in front of Yongnam-gun, Yongnam-gun, and driven the motor vehicle in front of Yongnam-gun at approximately 155 km in speed from the direction of Jeonnam-do to Gwangju, the two-lane from the direction of Jeonnam-do.
At that time, there was a section of 80 km speed of road restriction, so in such a case, a person engaged in driving a motor vehicle has a duty of care to observe the restricted speed and accurately manipulate the steering and brakes so as to prevent the accident from occurring.
Nevertheless, the Defendant neglected this and proceeded with a limited speed exceeding about 75 km, thereby causing injury to the victim FF (age 68) who is the passenger of the Defendant, by taking the back part of the victim D (age 63) driving E-learning passenger vehicle in front of the Defendant’s vehicle into the front part of the Defendant’s vehicle and taking approximately KRW 32 weeks of medical treatment. In addition, the Defendant suffered injury, such as the victim FF (age 68) who is the passenger of the Defendant’s vehicle, by taking around 12 weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Postal records;
1. A report on the occurrence of a traffic accident, a fact-finding report, a traffic accident-related evidence and photographs, an investigation report, a black stuff, and a video CD;
1. Each written diagnosis;
1. Application of statutes to the written consent for verification of EDR records, the response for EDR analysis, and the traffic investigation EDR analysis;
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Alternative imprisonment without prison labor;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: From one month to five years of a credit cooperative;
2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 1] causing a traffic accident (special person] and the element of mitigation of punishment (including serious efforts to recover damage): Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents where a serious injury occurs.