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(영문) 광주지방법원 2020.06.11 2019고단4895
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaging in driving a rocketing car.

On September 12, 2019, the Defendant driven the above vehicle at around 00:10, and moved the private distance in the Pungam Park in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju to the area of the World Cup stadium room.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to prevent accidents by checking whether a person engaged in driving a motor vehicle has a way to see the front, rear, and left and right of the motor vehicle.

Nevertheless, due to negligence of neglecting the duty of Jeonju, the Defendant did not discover the victim C (at the age of 23) who was going to the left-hand side of the vehicle of the Defendant on a crosswalk green flickering, etc., and did not discover the victim C (at the age of 23) and was placed on the left-hand side of the Defendant’s vehicle and received the victim’s left-hand

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as the recovery of the frame that requires approximately 11 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A medical certificate;

1. Application of CCTV-related Acts and subordinate statutes;

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. 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. Scope of the recommended sentence according to the sentencing guidelines [decision of types] of traffic accidents in general traffic accidents [Type 1] The injury [special person] of traffic accidents: Reduction element of punishment [the scope of recommending and recommending punishment], reduction range range, reduction range of punishment [the scope of recommending and recommending punishment], January through August of imprisonment without prison labor [the general person who is sentenced to punishment] - The same kind of criminal records that do not constitute repeated crimes [the grounds for suspension of execution of punishment are not considered];

3. Determination of sentence: Suspension of the execution of eight months for credit cooperatives; and

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