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(영문) 광주지방법원 2020.07.23 2019고단5015

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 radar car.

On November 14, 2019, the Defendant driven the above car at around 15:20 on November 14, 2019, and led the crosswalk without signal lights, etc. in front of the C apartment in Gwangju Mine-gu, to proceed along the two-lane road in the direction E from the D gas station.

Since there is a place where a crosswalk is installed, there was a duty of care to check whether a person engaged in driving service has a pedestrian crossing and safely drive the crosswalk by reducing the speed in advance and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected this and proceeded along as it is, by negligence, received the victim G (the 10-year old age), crossing the crosswalk from the left-hand side of the c apartment, in the front part of the Defendant’s vehicle.

Ultimately, due to the above occupational negligence, the Defendant suffered from the injury of the victim, such as duplicating four or more cages that caused the victim to receive approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report and a criminal investigation report;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing traffic accident investigation photographs;

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. The scope of recommendation [the decision of type] according to the sentencing guidelines and the general traffic accident [the category 1] mitigation element of traffic accident: the father of the victim who was not subject to punishment who filed an application for a written appeal against the defendant on July 12, 2020.

[Recommendation and Scope of Recommendations] Reduction Area, Credit Cooperatives.