logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2019.03.13 2019고단17
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 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 a motorcycle B.

At around 18:10 on October 25, 2018, the Defendant proceeded along three-lanes of the four-lane road in the north-gu, Man-si, Man-si, Man-si, Man-si, Man-si, Man-do.

Since the vehicle signal apparatus and pedestrian signal apparatus are installed at a crosswalk where normal operation is operated, in such a case, the person engaged in the driving duty of a motorcycle has a duty of care to safely drive the motorcycle in accordance with the new signals by taking into account whether the pedestrian is walking.

Nevertheless, the defendant's negligence in violation of the stop signals, led the victim G (A, 58) who walked along the crosswalk from the right side of the defendant's motorcycle driving direction to the left side of the pedestrian signal to the left side of the pedestrian signal, as the motor, the front side of the motor, the bicycle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., an injury to the victim, such as an explaculatory proba, which has no two internal organs, requiring approximately six weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H and G;

1. The actual survey report on traffic accidents;

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 62-2 of the Criminal Act on community service and order to attend a lecture [the scope of recommendation] general traffic accidents in category I (4-1 year) (special mitigation) (including special mitigation) / Cases where illegality is serious in the basic area of punishment (including serious efforts to recover from damage) / Cases where in the proviso of Article 3(2) (excluding subparagraph 8) of the School Special Act, the degree of violation of traffic regulations of the defendant is serious, and the degree of the victim's injury is not somewhat minor.

arrow