logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.11.14 2018고단6256
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 who is engaged in driving a car in the B SP area.

On August 24, 2018, the Defendant: (a) around 09:35, the Cheongcheon-ro 318 East Peace City, Jung-gu, Seoul, the Cheongdo-ro 318, the front of the Cheongdo-ro 318 peaceful market was driven by the Cheongdo-ro 7, from the Cheongdo-ro to the Cheongdo-ro; (b) the Cheongdo-ro, the Cheongdo-ro 7, the Cheongdo-do-ro, the Cheongdo-ro, the Cheongdo-ro, along the two-lanes road. In such cases, the Defendant was equipped with a crosswalk without signal apparatus at the front of the Cheongdo-ro.

Nevertheless, the Defendant neglected this and did not discover the victim C (the age of 75) to the left-hand side from the right-hand side of the Defendant’s vehicle, and received the front part of the Defendant’s vehicle, and caused the victim to suffer injury, such as the pelle and closure of the pelle part of the pelle, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. 교통사고 보고 ⑴⑵

1. A written statement of the occurrence of a traffic accident C;

1. Application of medical certificates, opinions, and written request for medical treatment-related Acts and subordinate statutes;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Scope of the recommended punishment according to the sentencing guidelines: In cases where there occurs any serious injury (including any serious effort to recover damage) in the basic area (including four months to one year), the punishment of which is not imposed (including any special mitigation/increased) / Heavy injury in the course of imprisonment without prison labor for not less than four months to one year (the scope of the recommended punishment).

3. Determination of sentence: The injury suffered by the victim due to a traffic accident caused by a crosswalk, four months of imprisonment without prison labor, or one year of suspended execution;

arrow