logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 정읍지원 2019.07.04 2019고단180
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

The defendant is a person who is engaged in driving a dump truck.

On October 20, 2018, the Defendant driven the above vehicle on October 13:55, and led to the progress of the 26-4 intersection of the Shin Tae-dong, Tae-gu, Tae-dong, Tae-dong, to the area of the air protection zone in the new Eup/Myeon.

At the time, the traffic control by signal apparatus was carried out, so in such a case, there was a duty of care to observe the traffic signal and drive safely to the person engaged in driving of the automobile.

Nevertheless, the defendant neglected this and failed to discover the front signal while entering the intersection, and caused the victim C (50 years of age) who was driven by the new line from the right side of the motor vehicle in the direction of the road of the defendant's right side to the left side by failing to avoid the motor vehicle of the defendant, and caused the front side of the motor vehicle of the defendant to shock the front side of the front side of the motor vehicle of the defendant.

After all, the Defendant suffered from the above occupational negligence that caused injury to the victim C, such as a dysium, which requires approximately three weeks of medical treatment, and the victim E (the 49 years of age) who is the dysium, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report and on-site photographs;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of recommendation according to the sentencing criteria: General traffic accidents [Type 1] shall be the basic sphere of the injury by traffic accidents, April to one year by imprisonment without prison labor;

arrow