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(영문) 서울동부지방법원 2020.10.22 2020고단2816
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 rocketing car.

On November 24, 2019, the Defendant driven the above vehicle around 07:30 on November 24, 2019, and driven the four-lane road of 545, which is located in the 545-lane, Songpa-gu Seoul Olympic Games, along two-lanes toward the southwest of the Olympic Winter Games, at the speed of about 80.2km.

There are three-distance crossings in the front of the road, and the speed limit is 50 km speed, so in such a case, the driver of the motor vehicle has a duty of care to prevent accidents and safely drive the motor vehicle by complying with the speed limit.

Nevertheless, the Defendant neglected this and proceeded with a speed exceeding about 30.2 km per hour by negligence, and received the victim C (V, 59 years old) who dried the crosswalk on the right side from the left side of the running direction of the Defendant at the time, from the front part of the above vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as “heat brain damage with less than two parts in heat,” which requires at least 20 weeks of medical treatment.

Summary of Evidence

1. The application of the Acts and subordinate statutes governing vehicles booms and video CDs by conducting a fact-finding report, reporting on the occurrence of a traffic accident, and analyzing the traffic accident in the statement C of the Defendant’s legal statement;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (3) 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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Not more than five years of imprisonment without prison labor, the range of punishment of which is imposed;

2. Aggravation factors (where a person suffers a serious injury): Reduction factors: the victim shall also suffer or damage a traffic accident;

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