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(영문) 인천지방법원 2020.01.21 2019고단9012
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 low-est car.

On October 4, 2019, the Defendant driven the above car at a speed of about 113 km per hour according to one way between the three-lanes, driving the car at around 20:40, and driving the car at a speed of about 113 km per hour among the three-lanes.

However, at night, the speed limit was designated as 60km per hour by the competent authorities. At the front of the road, a crosswalk with signal apparatus was installed, so there was a duty of care to comply with the speed limit regulations and drive safely in accordance with good faith.

Nevertheless, the Defendant neglected such duty of care, while driving a vehicle at a speed of about 113 km per hour exceeding 60 km per hour with a speed of about 53 km, and continued to enter the crosswalk as it is without disregarding it despite yellow signal, and did not avoid the victim C (14 years old) who cross the crosswalk without permission on the left side from the right edge of the bicycle riding direction, and did not escape from it, and caused the physical shock of the victim's body as the front part of the high speed car driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim through occupational negligence as above, such as “compact brain damage,” which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A survey report on the actual condition (Attachment of a field photograph);

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the criminal conduct is recognized and reflected, that comprehensive insurance is subscribed to and agreed with the victim, and that it is an initial offender);

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