logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 목포지원 2020.06.23 2019고단1234
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 who is engaged in driving a Brane car.

On September 14, 2019, the Defendant driven the said car at around 20:00, and driven the front road at the time of booming C along the two-lanes between the three-lanes, the Defendant proceeded at the speed of about 30km from the right edge of the port of North Korea to the police box at the speed of about 30km.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether there is a person who gets on a crosswalk by reducing the speed of the driver, and by checking well the front seat, to prevent the accident in advance.

Nevertheless, the defendant did not neglect to set a speed and did not discover the victim D (the age of 25) to the right side from the left side of the defendant's driving direction to the right side, and did not cause the victim to go beyond the road floor by shocking the victim's right side bucks in front of the driver's car.

As a result, the Defendant caused the victim to suffer injury, such as pulmonary dykes, which require approximately seven weeks of medical treatment, due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. One copy of a report on the occurrence of a traffic accident, on-site map, on-site survey report, on-site photographs, and CCTV image CD;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, 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 of the community service order;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range] basic area, April through one year without prison labor.

3. Determination of sentence: Six months of imprisonment without prison labor, one year of suspended execution, and 40 hours of community service;

arrow