logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.07.04 2019고단1258
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 of B Poter cargo vehicles.

On March 22, 2019, the Defendant driven the above cargo vehicle on March 10:18, 2019, and moved the front of the D Hospital located in the Busan East-gu C into the direction of D Hospital in the direction of the safe intersection.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right of the road, and to drive safely.

Nevertheless, the Defendant neglected this and proceeded to the right side of the victim E (the 58-year old-age-old 58-year-old 58 years-old her on the left side of the pedestrian crossing to the right side of the direction of the Defendant’s running.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, which did not go against the left-hand upper half of the eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each traffic accident statement;

1. A traffic accident investigation report, a criminal investigation report (Attachment to field photographs), and a criminal investigation report (Attachment toCCTV images);

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Facts constituting an offense, and Article 268 of the Criminal Act;

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria [Scope of Recommendation] General traffic accident: Type 1 (Bodily Injury resulting from Traffic Accidents) (No person in special form) shall be the basic area (four to one year);

2. The defendant who is sentenced to sentence shall drive a crosswalk without disregarding the signal signal; and

Although this accident caused the accident, the victim's injury is severe, and the victim cannot receive a suspicion, the defendant all commits the crime.

arrow