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(영문) 광주지방법원 2020.09.17 2020고단2498

교통사고처리특례법위반(치상)

Text

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

except that the execution of the above punishment shall be suspended for two years 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 BM3 car.

On March 30, 2020, the Defendant driving the above vehicle around 14:39 on March 30, 2020, and proceeding one lane between the two-lane intersection of the Women's Development Center near the Seo-gu Standing Park in Gwangju-gu and the private distance range of the Gwangju Veterans Center in the YC History.

The left turn was made to the direction of the Western Police Station.

Since there is an intersection where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a vehicle passing through the intersection by reducing speed and checking well the front side of the road, and there was a duty of care to prevent accidents in advance by driving safely according to the traffic signal.

그런데도 피고인은 이를 게을리 한 채 직진신호에 신호를 위반하여 좌회전한 과실로, 마침 광주보훈회관 사거리 방면에서 BYC 사거리 방면으로 신호에 따라 그 교차로를 진행하던 피해자 C(44세)이 운전하는 D CB650RA 오토바이를 피고인 차량의 좌측 앞 범퍼 부분으로 들이받아 오토바이가 우측으로 튕겨져 나가면서 신호등 기둥에 들이받혔다.

Ultimately, the Defendant caused the victim to suffer bodily injury, such as the bones of head, bones of face, and cerebral satise in need of medical treatment for about 12 weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Fire-proof report (Comparison between CCTV at accident places and signalling system);

1. A traffic accident report;

1. Each written diagnosis;

1. Application of statutes on images to a witness's taxi boomor;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, 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 sentencing criteria shall be based on; and