logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2017.04.20 2017고단576
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 engaged in driving a motor vehicle B with detached motor vehicles.

On December 22, 2016, the Defendant driven the above car at around 10:30 on December 22, 2016, and driven the road of four-lanes in front of the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, along three-lanes from the south East-gu, the Defendant proceeded at an insular speed.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a way to drive the motor vehicle by reducing speed and by properly examining the front side and the left side, and to safely drive the motor vehicle in accordance with the new code.

Nevertheless, the defendant neglected this and caused the damage to the victim D (the 68 years old) who was standing a crosswalk from the right side of the defendant's driving direction to the left side of the road to the left side in accordance with the pedestrian signals by the negligence of the defendant's driving in violation of the signal.

Ultimately, the Defendant suffered injury to the victim, such as the cutting of the body at the bottom of the aggregate, which was accompanied by the charnels in need of approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written statements of D;

1. Each written diagnosis (over 12,13);

1. A survey report on actual conditions;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] General Traffic Accidents of Type 1 (Bodily Injury by Traffic Accidents) (No person subject to special sentencing for April-1) [the person subject to special sentencing] [the decision of sentencing] of the defendant who drives a vehicle in violation of the signal in the occurrence of an accident is highly negligent.

Victims have suffered serious injuries that require eight weeks of treatment.

However, there is no criminal record except that the defendant is against the law of traffic, and has been punished once as a fine due to a violation of the law of traffic on roads.

A passenger car driven by the defendant.

arrow