logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2014.01.15 2013고단1430
교통사고처리특례법위반
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

At around 10:50 on June 9, 2013, the Defendant driven B JYYMAX30 Oba, and proceeded directly into the air basin in accordance with the two-lanes of the 121 modified pharmacy in the city of Si/Gu, the two-lanes in front of the 121 modified pharmacy, the Defendant, while failing to properly verify whether or not there is a pedestrian on the crosswalk located in the front section of the road, caused the victim C (the 18-year old) who was standing on the left side of the road on the left side of the road due to his occupational negligence, without properly verifying whether or not there is a pedestrian on the crosswalk in front of the road.

Ultimately, the Defendant suffered injury to the victim, such as the upper half of the left-hand frame, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Determination of Punishment] Traffic Accident Compensation [the scope of the recommended sentencing] traffic accident, the basic area of traffic accident compensation [the scope of the recommended sentencing], April-10 [no criminal punishment] - The mitigated element: Other aggravated element: Cases falling under the proviso of Article 3 (2) of the other special school law [whether suspended sentence is suspended] - There is no force of criminal punishment - General extenuating circumstance - Where the detention of the defendant falls under the proviso of Article 3 (2) of the other special school law: General extenuating circumstance - - 6 months a suspended sentence [decision of sentence] with the excessive difficulty of the defendant's family members [one year a suspended sentence] : In addition to each of the above sentencing factors, the defendant subscribed to liability insurance, although the defendant was unable to agree individually with the victim, the defendant paid 4.8 million won on the side of the victim's insurance company and agreed with the victim's side, etc.

arrow