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(영문) 광주지방법원 2020.09.24 2020고단3765

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for four 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 B-to-car.

On July 5, 2020, the defendant driven the above vehicle at around 16:40, and proceeded to turn to the left from the front of the DNA road in Gwangju Seo-gu to the E market side.

On the front side of the defendant's running direction, the driver had a duty of care to prevent the accident by properly examining whether there is a pedestrian using the crosswalk.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded to the left left, the Defendant did not find out the victim F (the 84 years old) who was going to the right from the left side of the running direction of the Defendant, and did not get the victim to go beyond the floor by taking the front part of the Defendant’s vehicle.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as the left-hand fright fat, which requires approximately 13 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including circumstances, etc. described in the following reasons for sentencing);

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

2. Scope of the recommended sentence according to the sentencing guidelines [the determination of types] of traffic accidents in general traffic accidents [the category 1] and the mitigated factors of traffic accidents [the person specially punished]: The mitigated factors of punishment (the scope of the recommended area and the recommended punishment], the mitigated range of punishment (the scope of the recommended area and the recommended punishment], and January through August of the credit cooperative;

3. Determination of sentence: The Defendant was negligent in performing his/her duty of care while driving a credit cooperative for a year, resulting in an accident in which the victim, who is a pedestrian, was injured.