(영문) 광주지방법원 2020.11.26 2020고단5159

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(영문) 광주지방법원 2020.11.26 2020고단5159

교통사고처리특례법위반(치상)

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Defendant shall be punished by a fine of four million won.

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 two-wheeled vehicle B 125CC.

At around 12:00 on August 10, 2020, the Defendant proceeded at a speed of one-lane from the side of Gwangju Northern District to the without-light stadium, where it is impossible to identify one-lanes from the side of Gwangju District.

Since there are signals and crosswalks, in such cases, the driver of the vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals and signals.

Nevertheless, the defendant neglected this and brought about the left-hand side of the victim E (E.52) who is a pedestrian crossing the crosswalk in accordance with green signal from the right-hand side of the defendant's proceeding to the left-hand side by negligence in contravention of the red signal.

As a result, the Defendant suffered from the victim’s occupational negligence that requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation report (including a medical certificate for a victim and a certificate of subscription to automobile insurance);

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. Article 62 (1) of the Criminal Act;

1. It is advantageous to Article 70(1) and Article 69(2) of the Criminal Act for the Detention in Labor House (where a sentence of suspension of execution of punishment is invalidated or revoked, and a fine is not paid, KRW 100,000 per day) of the Criminal Act (in the event that a sentence of suspension of execution of punishment is invalidated or revoked, and a fine is not paid, in light of the circumstances leading up to the occurrence of the crime and the degree of injury of the victim, etc., the accused is led to the confession of the crime and reflects the mistake; the accused is the first offender who has no record of punishment; the victim is willing to

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