logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2021.01.27 2020고단1146
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On May 6, 2020, the Defendant driven the above car at around 10:56, and led to a two-lane road in front of the D, Kimcheon-si, Kim Jong-si, according to one-lane of the citizen tower in the front of the D, Kimcheon-si, Kim Jong-si.

Since there is a place in which a crosswalk is installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately manipulating the front door and the left door of whether there is a pedestrian or not, and by accurately operating the brake and the steering gear.

Nevertheless, the defendant neglected this and caused the victim E (the 73 years old) who was a pedestrian crossing to the right side from the left side of the defendant's running direction by negligence, and caused the victim to go beyond the floor by shocking the victim E (the 73 years old) in front of the defendant's car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the upper part of the upper part of the upper part of the upper part of the road, and the high part of the inside and outside side of the road, which requires approximately 10 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs and a survey report on actual conditions;

1. Report on internal investigation (referring to submission of a medical certificate) and application of Acts and subordinate statutes to investigation report (victim E-Telecommunications);

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;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the types of general traffic accidents] and the absence of the person causing a traffic accident (the area of recommendation and the scope of the recommended punishment] (the scope of the recommended punishment], the basic area of the recommendation and the scope of the recommended punishment], four months to one year

3. The negligence of the defendant who shocked the victim of the crosswalk in the decision of sentencing is serious, the elderly victim suffers serious injury, and the fact that the victim did not agree with the victim is disadvantageous.

arrow