logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.05.03 2015고단7095
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving CV 125 Obane.

On July 11, 2015, the Defendant driven the above Obabaon around 13:00, and had the front road in front of the Busan Dongdong-dong Madong-gu Resignation Park progress from the new Heung-gu to the pharmacy room of the wholesale bank in the new Heung-gu.

At this point, it is one-way passage from the boundary of the pharmacy of the wholesale market to the new interest room, and it is a child protection zone designated in accordance with the Road Traffic Act.

In such cases, a person engaged in Otoba driving shall not drive a one-way traffic route in violation of safety signs, and since the emergence of children in children protection zones is anticipated, there is a duty of care to drive a motor vehicle with due care to pay attention to the safety of children by living well on the right and the right and the right and the right and the safe speed and method.

Nevertheless, the defendant neglected the duty to protect children's safety, and caused the body of the victim D(3) who crosses the road from the right side of the course to the left side of the road by the negligence of driving the one-way road along the direction of the road.

As a result, Defendant 1 suffered injury, such as cutting down the frameworks of the upper part of the aggregate, which require approximately 12 weeks of treatment due to such occupational negligence, to the victim.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A written statement of occurrence of traffic accidents prepared by E;

1. A medical certificate;

1. 교통사고 보고⒧ 법령의 적용

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1 and 11, Article 268 of the Criminal Act, the grounds for imposing sentence of imprisonment without prison labor, and the grounds for imposing sentence on the criminal facts;

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing guidelines [Determination of type of crime] The general traffic accident case (the person causing a traffic accident) (the person causing a special aggravated punishment] in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the scope of recommended punishment] in the aggravated area, eight months of imprisonment without prison labor or one year and six months.

arrow