logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2018.08.09 2018고단770
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 a period of 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 service of BCA110V.

On March 10, 2018, the Defendant driven the off-to-face 18:35, and driven the off-to-face c, “D pharmacy” in Hanam-si C, proceeding at a speed that would not be known to the elementary school from the long distance of the extension.

There are two-lanes where the center line of yellow solid lines is installed in a two-lane road, so the person engaged in driving service has a duty of care to thoroughly operate the front line and to safely drive the car line.

Nevertheless, the defendant neglected this and changed the lane from the two lanes to the right side side of the Ortoba, which the defendant is driving by the negligence of neglecting the center line, and caused the victim E ( South, 76 years old) to go beyond the ground.

Ultimately, the Defendant suffered injury to the victim, such as the 4th century, which requires approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A medical certificate;

1. Reporting of a traffic accident (1) (2);

1. Application of the statutes on site photographs and CCTV images for a method;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment] General traffic accidents in light of the basic area (the determination of sentence for April to one year) (the determination of sentence] violation of the duty of care, degree of injury to victims, etc.

The defendant did not agree with the victim.

However, the fact that the defendant has subscribed to a comprehensive insurance policy, and the defendant's mistake is against the defendant.

arrow