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(영문) 광주지방법원 2020.08.13 2020고단2373
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a passenger car at Benz E350.

On April 20, 2020, the Defendant driven the above car on April 22:25, 2020, and led to the driving distance in front of Gwangju Mine District C along the two-lanes from D to the water full area.

At all times, there was a duty of care to prevent accidents in advance by safely driving according to the traffic signal to a person engaged in driving of a motor vehicle by an intersection with a signal apparatus.

Nevertheless, the defendant neglected this and conflict with the front part of the Fpoter II, which the victim E (the age of 65) driving on the left-hand side from the right-hand side of the progress direction of the defendant due to the negligence of entering the intersection in violation of the new subparagraph.

Ultimately, the Defendant suffered from the Defendant’s occupational negligence, such as pressure duplicating No. 6, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The actual condition survey report;

1. A report on internal investigation (attaching signals and CCTV images at the time of an accident);

1. A signal system map and a ctv image to take a photograph;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. The sentencing of Article 62(1) of the Criminal Act on the grounds of suspended sentence shall be determined in full view of the criminal records of the defendant, the nature and risk of the crime of this case, the circumstances leading to the crime, the degree of damage to the victim and whether the victim was recovered, the family relationship, health condition, and the possibility of recidivism as stated in the records and arguments of this case.

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