logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2020.03.03 2019고단572
교통사고처리특례법위반(치상)
Text

The imprisonment without prison labor for the accused shall be determined by ten months.

except that the above sentence shall be executed for a period of two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving the B-learning passenger car.

On July 12, 2019, the Defendant driven the said car on July 12, 2019, and turn to the left in the direction of C Apartment at a speed of about 10km per hour while driving in the direction of D elementary school from the direction of the ASEAN commercial distance.

At this point, there was a crosswalk without a pedestrian signal, so in such a case, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a pedestrian and to safely drive the motor vehicle by reducing the speed and checking well the right and the right of the motor vehicle driver.

Nevertheless, the Defendant neglected this and went beyond the victim E (the age of 69) who crossed the crosswalk to the right side of the port side of the Defendant’s running.

As a result, the Defendant suffered injury to the victim, such as 4 weeks of medical treatment, which requires approximately 12 weeks of medical care due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs and CCTV images;

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 According to Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act;

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

1. The scope of recommendations according to the sentencing guidelines for sentencing under Article 62-2 of the Criminal Act: (a) the ordinary traffic accident [Class 1] the injury [the recommended field and the scope of recommendations] the basic area (no special person) of traffic accident, the place where the accident occurred in April to one year sentence, the degree of injury suffered by the victim, the degree of the defendant's violation of his/her duty of care, the age of the victim, and the victim's intent of punishment has not been withdrawn.

arrow