logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2021.03.10 2020고단2596
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 K3 car.

On December 3, 2020, the Defendant driven the above vehicle on December 05:42, 2020, while proceeding the shooting distance on the half-month, which is located in the 98 (half month and half month) in the direction of the Young-gu, Seojin-gu, Seoul, Seoul, to the direction of the police box from the direction of the apartment, and came to turn to the left.

At this point, there is a crosswalk where signal lights are installed, and there is a crosswalk on which signal lights are installed, so it is necessary to confirm whether a person engaged in driving service is a person who gets on the way to reduce the speed and to see well, and there was a duty of care to prevent accidents in advance by driving safely according to traffic signals.

Nevertheless, the defendant neglected this and caused the victim D (78 years old) who cross the crosswalk from the left side to the right side of the crosswalk in accordance with the pedestrian signals due to the negligence of left-hand turn-hand turn-hand turn-hand, which led to the front part of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the closure of the part in which the details of the left-hand aggregate requiring approximately seven weeks of treatment are unclear.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes (D);

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of imprisonment

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 [type 1] The ordinary traffic accident injury [type 1] the person causing a traffic accident (special sentencing person] - The elements of mitigation: the scope of mitigation [including serious efforts to recover damage] [the scope of the recommended and recommended punishment] mitigation area, January through August of the credit cooperative (general sentencing person] - mitigated factors: the comprehensive motor vehicle insurance policy, serious reflectness - aggravation factors: the injury among them.

arrow