logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.03.08 2018고단4794
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 Bchip car.

On November 12, 2018, around 12:20, the Defendant: (a) was parked in the alley of “D Beauty” in Daejeon Dong-gu, Daejeon; (b) was driving the said car along the alley from the right edge to the right edge of “E” to enter the two-lane road front of the “E”.

At the same time, the two-lanes of the yellow-line line are installed, and there are many vehicles parked on the road side at the time. Therefore, the person engaged in driving service has a duty of care to prevent the occurrence of an unforeseen accident by keeping the center line in line with the traffic, and driving the vehicle in a safe manner so that it does not conflict with the vehicle or person on the road side of the opposite lane.

Nevertheless, the Defendant neglected this, while driving along the center line of the two-lane road, and parked on the road side of the opposite lane, led the victim F (56 years old) who was parked on the side of the two-lane road, to go up with the back part of the front line of the said vehicle of the Defendant, and led the victim to get off the right part of the victim's right part of the car located on the front side of the said vehicle.

After all, the Defendant suffered from the victim’s occupational negligence, which caused approximately nine weeks of treatment to the right side of the pelvis and the pelvis of the pelvis.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. Determination of types of recommendations according to the sentencing criteria;

arrow