logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.04.29 2019고단5777
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 engaging in driving a rocketing car.

On November 15, 2019, the Defendant driven the above car at around 07:00, and tried to drive the car at around 40 km in the direction of the D apartment from the sub-chill distance to the sub-chill.

Since there is a road on which a crosswalk is installed, in such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking whether or not pedestrians walk the crosswalk.

Nevertheless, due to negligence that the Defendant neglected this and did not properly see the front door, the Defendant got injured by the victim E(72 years of age) who was shocked for the front part of the said car, and suffered injury, such as the unknown frame of the Daejeon who was in need of treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report, a report on the occurrence of a traffic accident, a description of the accident, and a photograph of the scene of the accident;

1. Report on investigation results;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

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

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

1. Scope of punishment by law: One month to five years;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] the ordinary traffic accident [Type 1] the injury (special person concerned] of traffic accident - The factors to mitigate the punishment (including serious efforts to recover damage): Reduction area and recommendation area] reduction area, imprisonment without prison labor for one month to eight months;

3. The sentence of sentence is a bad in that the defendant, who was sentenced, suffered an injury from the victim who dried the crosswalk, and the degree of the injury of the victim is not less exceptionally.

However, the defendant received a letter from the victim of this case.

arrow