logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.06.10 2020고단1285
교통사고처리특례법위반(치상)
Text

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

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

On November 19, 2019, the Defendant, who is engaged in driving a car Benz S350, was driving the said car at around December 12:19, and was driving the D Hospital located in Busan Dong-gu, Busan along the direction of the intersection from the boundary of the Dong Police Station to the direction of the intersection.

Since there is a place where a signal, etc. is installed, there was a duty of care to reduce the speed for a person engaged in driving a motor vehicle, to live well in the front, the left, and the left, and to drive a motor vehicle safely in accordance with good faith.

Nevertheless, even though the Defendant neglected to do so, the Defendant's failure to stop and followed the F Two-wheeled Motor Vehicle run by the victim E (the 59-year-old) who opened the crosswalk to port from the right side of the direction of the Defendant's proceeding due to the negligence of proceeding.

As a result, the defendant suffered from the 14 weeks of treatment of the victim, such as large-scale flags and flags.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to traffic accident reports (1) (2), accident video CDs, 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 and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor

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

1. Aggravation of the punishment according to the sentencing guidelines [the scope of recommendations] according to the sentencing guidelines for traffic crimes: General traffic accidents [the category 1] causing traffic accidents (the special sentencing person]: Where serious injury occurs (the scope of recommendations and recommendations], the area of increase (the scope of recommendations and recommendations) and August through two years;

2. Although the nature of the crime is not good in light of the circumstances leading up to the crime of sentencing and the degree of damage, an insurance company shall take into account the fact that it has made efforts to recover damage, such as paying the victim a sum of 36 million won via the insurance company, the primary offender, and the fact that it is highly contradictory to the Defendant’s age, character and conduct, circumstances after the crime, etc., as indicated in the disposition.

arrow