logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2019.09.25 2019고단423
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 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 a e-sports cargo vehicle B.

On May 2, 2019, at around 08:25, the Defendant runs towards the red side from the side of Seosan to the scarcity of underground tea in the Yannam budget inserted.

At the same time, there are two lanes in which the central separation cost is installed. In such a case, a person engaged in driving a motor vehicle has a duty of care to keep the lane and prevent the accident from occurring by driving the motor vehicle to the right side of the central separation unit.

Nevertheless, the defendant neglected to do so and led the victim C(34 years old)'s franchising of the victim C(34 years old)'s franchising from the front bank by negligence.

As a result, the Defendant suffered injury to the victim by occupational negligence, such as an injury to the victim, such as an aggregate of the third party executives in the upper right part, which requires approximately nine weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report (1) (1) and a traffic accident report (2) (2).

1. On-site photographs;

1. Other closure photographs;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in favor of the reasons for sentencing);

1. The fact that the reason for sentencing under Article 62-2 of the Criminal Code of the community service order is gross negligence, damage is grave, and there are criminal records of the same kind (human life accidents caused by the operation of central line), etc. are disadvantageous circumstances.

The punishment as ordered shall be determined by taking into consideration the favorable circumstances such as the fact of recognizing errors, the fact that the victim has agreed smoothly with the victim, the fact that the elderly and the health is not good.

arrow