logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2020.11.12 2020고단1590
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 W125 motorcycle.

At around 22:55 on March 13, 2020, the Defendant proceeded at an irregular speed in accordance with the two-lanes between the two-lanes in the direction of the Han River in the Han River basin and the Han River basin in the Han River basin in the 1605 Yongsan-gu, Seosan-si, Seosan-si.

At this point, traffic signals and crosswalks are installed. In such cases, the driver has the duty of care to prevent accidents in advance, such as checking safety by stopping in front of the crosswalk, so as not to obstruct the crossing of the pedestrian or endanger the safety of the pedestrian when the pedestrian is traveling along the crosswalk, in accordance with the signals indicated by the signal, etc.

Nevertheless, the defendant neglected this and caused the victim D (Nam, 27 years old) who has dried the crosswalk from the right side of the course to the left side of the pedestrian signals by negligence in violation of the obligation to protect pedestrians, and caused the victim D (Nam, 27 years old) to the right side of the motor bicycle operated by the defendant.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., abandonment abandonment, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. The application of the defendant's legal statement E, a written diagnosis of the police statement of D, a traffic accident report (victim), a traffic accident report, a traffic accident scene photograph, and Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The grounds for sentencing under Article 62(1) of the Criminal Act for suspended execution include the fact that the defendant recognized the crime and reflects the wrongness of the defendant, and that the victim agreed to pay an amount of eight million won to the victim, and other circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime.

arrow