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(영문) 광주지방법원 2020.07.23 2020고단2455
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 engaging in driving a car B.

On May 6, 2020, the Defendant driven the above vehicle at around 09:35, and led to the first line road in front of Gwangju Nam-gu C to the tent from the room of the forest tunnel to the tent.

In this case, there is a duty of care to safely drive the vehicle driving employee by complying with the signal, since the signal crossing is installed on the front side of the defendant, and therefore, the pedestrian crossing was installed on the front side of the defendant.

Nevertheless, the Defendant’s negligence by entering the intersection through which the front signal, etc. is red lights, and the Defendant was employed by the victim D, who walked the crosswalk normally in accordance with the Mad Green Signals, as the Defendant’s vehicle.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as leaving the right-hand chill, which requires approximately 14 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A traffic accident report;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 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. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 1] causing the injury of traffic accidents (special-speed person]: Reduction factors of punishment: Reduction area of punishment not (the scope of recommendation area and recommendation area] reduction area, reduction area of punishment and imprisonment without labor for one month through eight months;

3. Determination of sentence: The defendant who has been sentenced to imprisonment without prison labor for a period of two years, a stay of four months, was committed by two gross negligences and caused an accident that greatly causes a victim to commit.

However, there is no criminal record against the defendant.

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