logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2020.03.11 2019고단1402
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for 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 service of a car free from the Kayman.

On August 1, 2019, the Defendant driven the above car around 18:05, and turned the front road of the juvenile training center in front of the 175 macroscopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic sp

Since there is a crosswalk, in such a case, the driver has a duty of care to temporarily stop when there is a pedestrian walking along the crosswalk by reducing the speed and checking well the right and the right of the driver.

When the Defendant neglected to do so and neglected it, the Defendant sustained injury, such as the cutting of the upper pelf and the cutting of the upper pelf that require approximately eight weeks of medical treatment to the victim, by shocking the victim C (the 12-year-old person) who was a crosswalk to the right side from the left side of the direction of the running of the Defendant to the right side of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A fact-finding report and a fire-proof report (fluoring and attaching seals and CCTV images);

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

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

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accidents [Type 1] - Injury by traffic accidents (special-speed person] - mitigated factors: In cases where victims have gross negligence due to the occurrence of traffic accidents or the expansion of damage (the area of recommendation and the scope of recommendation] mitigation area, and January through August of the credit cooperative;

3. Determination of sentence: The defendant's serious injury to a young victim by violating the duty of pedestrian protection for three months of imprisonment without prison labor or one year of suspended execution, is heavy;

However, the details of the instant case, namely, the victim's left side of the vehicle driving direction of the Defendant.

arrow