logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 충주지원 2018.02.07 2017고단859
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 a 3th class high water vehicle.

On September 30, 2017, the Defendant driven the above vehicle at around 19:30 on September 30, 2017, leading the crosswalk in front of the E building to the left at the free market from the tri-distance.

At the time, the location is where a crosswalk without signal lights is installed, and the victim F (the age of 82) was the right side of the defendant's vehicle in the right side of the crosswalk, so in such a case, the driver has a duty of care to temporarily stop and protect pedestrians.

Nevertheless, the defendant's negligence without finding the victim, which led to a sudden progress, led to the victim's shock in front of the left side of the defendant's vehicle.

Ultimately, the Defendant caused the victim to suffer injury, such as pressure duplicating 12 weeks of the need to give approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. A survey report on actual conditions;

1. On-site photographs;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances favorable to the defendant's heavy negligence in the course of passing through a crosswalk without signal, etc. on the road where the defendant was congested, which are favorable to the defendant's occurrence of serious injury to the victim: The defendant recognized all of the crimes of this case; the defendant agreed smoothly with the victim; and the damage to the property suffered by the victim due to the comprehensive motor vehicle insurance to which the defendant joined is deemed to have been fully recovered, such as the above circumstances and the defendant's age, sex, environment, circumstances, means and consequence of the crime, and the circumstances after the crime.

arrow