logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.12.06 2018고단4351
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of 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 3rd class.

around 16:30 on October 8, 2018, the Defendant entered the intersection where there is no signal apparatus by making a left turn on the two-lane road in front of the Seoul Western-gu Seoul Metropolitan Government, at the Maart apartment.

At all times, there is a place where pedestrians walk the crosswalk from time to time, so in such a case, the driver of the motor vehicle has a duty of care to temporarily stop in the front and check whether the driver of the motor vehicle has a pedestrian who walk the crosswalk, and if the pedestrian passes the crosswalk, he has a duty of care to protect the pedestrian by temporarily stopping in the front.

Nevertheless, the Defendant neglected this and followed the victim D (the age of 62) to left from the right side of the road in the direction of the vehicle by the negligence of driving the crosswalk as it is, and instead, taken the victim D (the age of 62) into the front part of the Defendant’s seat seat, and suffered about 11 - 12 weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant, in violation of the duty to protect pedestrians in front of the front of the front of the front of the front of the front of the front of the road and the crosswalk, was shocked

The defendant's negligence is heavy and the degree of injury of the victim is heavy.

However, the defendant has no criminal punishment except twice a fine, nor has the same record of force.

The defendant is covered by the comprehensive automobile insurance and agreed with the victim.

The scope of punishment and the criteria for suspension of execution set by the sentencing guidelines for traffic crimes, which are advantageous circumstances, and the defendant's person.

arrow