logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 목포지원 2019.08.16 2019고단175
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 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 K5-car.

On October 19, 2018, the Defendant driven the said car at around 15:18, and driven the said car to run approximately 52.3km/h from the side of the D apartment to the E elementary school in accordance with green straight line.

In order to protect children from the danger of traffic accidents, the restricted speed was 30 km/h, so a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle so that children can stop at any time when they pass by complying with the restricted speed and by properly examining the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and found the victim F (n.e., 9 years old) coming from the rear of the vehicle behind the signal ke line, operated the direction, and got the victim to go beyond the road due to the front part of the Defendant's left side of the vehicle without being avoided, even though he was negligent in driving the speed more than 2.3km/h.

As a result, the Defendant suffered injury, such as the mouth felball, which was accompanied by the left-hand felball that requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A report on the occurrence of a traffic accident, a traffic accident report, a field photograph and a medical certificate;

1. Transmission of a comprehensive traffic accident analysis report and the application of Acts and subordinate statutes for investigation report (verification of black stay images);

1. Article 3 (1), (2) (proviso) 3 and 11 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, and the Selection of Imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of recommendations according to the sentencing criteria (a decision on types of punishment);

arrow