logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.10.12 2018고단910
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of CK7 cars.

On November 28, 2017, the Defendant driven the above car at around 09:30 on November 28, 2017, and led to an intersection at the entrance of the 633-dong-gu, Incheon, Nam-gu, Incheon, to the left-hand turn from the west-gu office of the south-gu.

In this case, there was a duty of care to observe the signal and prevent accidents in advance by checking the right and the right and the right of the driver of the vehicle.

Nevertheless, the defendant neglected this and caused the victim D (the 74 years old) who crossed the crosswalk in front of the south Dong-dong Office to go beyond the road on the front part of the car driving by the defendant.

Ultimately, the Defendant suffered injury to the victim, such as 12 times a period of 10 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to report internal death (Submission of a medical certificate for victims);

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 choice of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the basic area (from April to one year) of the types of general traffic accidents (no person subject to special sentencing];

2. The crime of this case where the defendant, while making a decision on the sentence of sentence, was committed in violation of the signal at the intersection and caused the damage to the victim crossing the road by shocking him about about 10 weeks of medical treatment, and the crime of this case is not such as the degree of negligence and damage;

Defendant.

arrow