logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.10.16 2019고단4265
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

On March 20, 2019, the Defendant driven a motorcycle BGTS125 on March 20, 2019, while driving a motorcycle, which led to the front of the road C at the seat of the guard.

In this case, the defendant engaged in driving of a motor bicycle has a duty of care to check whether there is a person driving the road on the crosswalk and to safely drive it by reducing the speed of the motor vehicle and by properly examining the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to do so, and caused the victim E (at the age of 18) who dried the crosswalk on the right side from the left side of the driving direction of the motor bicycle driving by the Defendant, and did not discover the victim E (at the age of 18) to the front side of the above motor bicycle.

Ultimately, the Defendant suffered injury to the victim, such as cerebral finites with no head open room for treatment for about four weeks, by negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each photograph: An accident site, etc.;

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

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;

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

2. The range of recommendation [decision of types] according to the sentencing guidelines for traffic accidents: General traffic accidents [Type 1] There is no person causing a traffic accident [the scope of recommendation area and recommendation]. [The scope of recommendation area and recommendation] basic area, April through one year [the general person] of imprisonment without prison labor for not less than 4 months] - mitigated factors: Cases falling under the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the grounds for suspension of execution] - General pride reasons: there are no criminal records of suspension of execution.

arrow