logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 정읍지원 2019.05.30 2019고단69
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 dump truck as B.

On December 14, 2018, the defendant driving the above vehicle at around 14:00, and let him turn to the left the long distance in the Dogjin-ri in the Dogjin-gun in the frontbuk-gun in the frontbuk-do.

At that time, there was a long distance intersection where signal lights are installed, so in such a case, there was a duty of care to safely drive a person engaged in driving the motor vehicle according to the traffic signal and prevent the accident from occurring.

Nevertheless, although the defendant neglected this and did not turn the left turn signal at the left turn, the defendant's failure to turn the turn turn at the front line of the left turn, and the victim C (the age of 60) driven by the green straight line, which was driven by the victim C(the age of 60) in accordance with the green straight line, conflict with the front line of the vehicle of the defendant.

As a result, the Defendant suffered injury, such as a chest felling, etc., to the victim for about 12 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report and on-site photographs;

1. Each written diagnosis (C);

1. Application of Acts and subordinate statutes to investigation report (in relation to the signal system at the intersection of the accident, and the reason why the suspect's violation has been treated as a signal violation);

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 for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of recommendation according to the sentencing guidelines: General traffic accidents [Type 1] The basic area of traffic accidents caused by traffic accidents, the credit cooperative from April to one year [the elements of mitigation of punishment for a special-speed person: Cases where the illegality in the proviso of Article 3 (2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is heavy, or cases of climatic driving].

arrow