(영문) 대구지방법원 서부지원 2020.04.14 2019고단2189



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.


Punishment of the crime

The defendant is a person who is engaged in driving a car in a SP area B.

On March 5, 2019, at around 18:30, the Defendant was driving the said car from the two lanes in front of the 647 U.S. Do 647, U.S., Daegu-U.S. In order to drive the said car on the two-lanes in front of the Busan-do Do, and is driving on the two-lanes from the direction

The place is a road set up at 80km per hour at the time of restriction, and the car stops on the front side due to traffic accidents that occurred earlier. In such a case, there was a duty of care to safely drive the steering boat and the brake system by reducing speed for the driver and accurately operating the steering boat and the brake system by checking the front side well.

Nevertheless, the Defendant is bound by excessive speed, and operated at a speed of about 111.9 km at a speed exceeding 30 km due to negligence, and discovered at a speed of about 111.9 km for the victim D(W, 39 years old) who is standing on the front side of the vehicle due to the traffic accident, and received a part behind the said vehicle as the front part of the said vehicle.

As a result, the Defendant suffered injury to the victim through occupational negligence, such as the safety and closure frame, which require approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (to hear statements of accident investigation officers of the Road Traffic Authority);

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Notification of traffic accident analysis results and application of Acts and subordinate statutes;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the victim suffered serious injury due to the instant accident, etc. is disadvantageous.

However, the defendant confessions the crime of this case and repents his mistake, and the victim wants punishment by agreement with the victim.