logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2021.01.14 2020고단959
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On August 12, 2020, the Defendant driven the above car on August 12, 2020, while driving it on the 08:50, and driving the front road of Gangseo-si on the side of the southwest-si.

At all times, a crosswalk and a stop line are installed on the front side without signal lights, so in such a case, there was a duty of care to safely drive a motor vehicle driver in order not to cause danger to pedestrians by temporarily stopping in front of the stop line, and by temporarily stopping in front of the stop line, if there is a pedestrian.

In doing so, the Defendant neglected to do so and did not look at the presence of pedestrians in the front side without temporarily suspending, and by negligence proceed without temporarily stopping, the Defendant received the victim D (W, 72 years old) who was standing on the left side of the right side of the Defendant in front of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the right pelvisor, in need of approximately 16 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A medical certificate;

1. Reports on traffic accidents and on-site photographs;

1. A report on internal accidents;

1. On-site reports (CCTV image readings), CDs and caps photographs;

1. A report on internal investigation, on-site inspection, and photographs;

1. Application of Acts and subordinate statutes to criminal investigation reports (victim statements, etc.);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection: The defendant's negligence on the crime of this case committed by causing a traffic accident that causes damage to a victim of a crosswalk while driving a motor vehicle, and the injury suffered by the victim is serious.

arrow