logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.08.12 2020고단426
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 engaged in the operation of QM6 automobiles.

At around 10:36 October 13, 2019, the Defendant came to turn to the right from the right edge on the side of the two intersections at the parallel of two weeks to the right edge.

Since there is a three-distance where a signal, etc. is installed, there was a duty of care for a person engaged in driving a motor vehicle to live well before and after, and drive the motor vehicle safely in accordance with the new code.

Nevertheless, by negligence of left turn at a straight line, the Defendant was driven by the victim C (Nam, 36 years of age) who was driven by the victim C in accordance with the new subparagraph in the opposite direction, with the front part of the DTS300 Oral Sea as the front part of the said car.

Ultimately, the Defendant suffered injury to the victim, such as a closed epiculation, which requires approximately 20 weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Legal statement of defendant, traffic accident report, accident scene photograph;

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

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

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

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

1. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic accidents: General traffic accidents [Type 1] and the injury [Special Sentencing] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, imprisonment without prison labor for one month through eight months;

2. Determination of sentence: The first offender who was suspended for one year from the suspension of the execution of imprisonment without prison labor for six months and who did not have any criminal record is against the recognition of the crime of this case, the defendant does not want the punishment of the defendant under the agreement with the victim, and the fact that the defendant's vehicle is being covered by the comprehensive motor vehicle insurance is favorable to the defendant.

However, the defendant.

arrow