logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2017.02.07 2016고단1641
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

On October 17, 2016, the Defendant driven a cchip taxi car at around 20:30 on October 17, 2016, and led the front of the 494 large-do middle school to proceed from the direction of the youth training center to the direction of the cchip taxi at port.

At the same time, a crosswalk without signal lights was installed, so a person engaged in driving service has a duty of care to prevent accidents in advance by driving safely so as not to obstruct or endanger pedestrian crossing when a pedestrian passes the crosswalk.

However, when the defendant neglected this and did not discover that the pedestrian is standing a crosswalk and proceeded without finding it, the part of the victim D (n, 64 years old) who walked along the crosswalk from the right side of the defendant's vehicle to the left side of the crosswalk was received as the front front part of the defendant's vehicle.

The Defendant suffered approximately 12 weeks from her occupational negligence on the part of the victim, such as blood transfusion, which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) and (2) a actual survey report;

1. Application of Acts and subordinate statutes requesting a medical certificate or cooperation in investigation (whether serious injury is inflicted);

1. Relevant Acts concerning criminal facts, Article 3 (1) and the proviso to Article 2, Article 2, Article 2, Article 268 of the Criminal Act, and Article 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] The reason for sentencing under Article 62(1) of the Criminal Act is the basic area (including a person who has been specially mitigated by imprisonment without prison labor for not less than four months or one year) (including a person who has been specially mitigated by imprisonment without prison labor), / In the event of a serious injury (including a serious effort to recover damage), / [the sentence] unfavorable circumstances / [the sentence] that the victim suffered serious injury and was in an obscure state: The victim was in an ambiguous state; the victim made efforts to provide relief after the accident that is favorable to the situation of the crosswalk; the victim made efforts to provide relief after the accident; and the victim made agreements with the victim.

arrow