logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.01.18 2018고단4784
교통사고처리특례법위반(치상)
Text

1. The defendant shall be punished by imprisonment without prison labor for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in a SP area B.

At around 15:50 on October 14, 2018, the Defendant driven the said car and proceeded at a speed of about 40 km in the speed of 15 km, depending on the first line, from the three-distance 403 which was the last Ga-ro of both States, the Ga-ro road of the second line, which was located in the last 403 Ga-ro of both States, to the Ga-ro C.

Since there is a center line of the yellow-ray, there was a duty of care to prevent accidents by thoroughly manipulating the steering gear and accurately manipulating the steering gear to the person engaged in driving service.

Nevertheless, the Defendant neglected to do so and did not accurately operate the steering gear at the front of the passenger car at the front section of the victim D(36 years of age) with the negligence of entering the center line to the opposite lane, thereby obtaining the front part of the said passenger car.

As a result, the Defendant suffered injury to the victim, such as finites and tensions, which requires treatment for about two weeks by occupational negligence as above, and suffered injury to the victim of the victim of the victimized vehicle, such as the death of the fetus in the womb, which requires treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on occurrence;

1. A report on investigation (victim's statement);

1. On-site photographs;

1. Application of Acts and subordinate statutes to electric power resource reports and diagnostic certificates;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims F with heavier penalty);

1. Selection of alternative imprisonment without prison labor;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, the accused, by negligence, commits a central line by neglecting his/her duty of care in advance.

arrow