logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 의성지원 2020.04.23 2019고단374
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the driving of a cargo vehicle B.

On August 9, 2018, the Defendant driven the above cargo vehicle on August 10:55, 2018, while proceeding the road in front of the Sung-gun, Gyeong-gun, in the bend section of the wing-do, into the slope of the wing-do, the Defendant was driving the victim D(77 years of age) to the slope.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to pass along the left side of the motor vehicle in front, and to pass ahead at a safe speed and in a safe manner such as using a direction indicator, light or horn according to the speed and route of the motor vehicle in front and other road conditions.

Nevertheless, the Defendant neglected to do so and received the right-hand part of the upper right-hand part of the lower right-hand part of the Defendant’s cargo, following the left-hand part of the Defendant’s cargo vehicle.

After all, the Defendant suffered, by the above occupational negligence, the injury to the victim D, such as the injury caused by the injury of the victim F, who was accompanying the above Oral Sea, to the victim F, who was under the influence of the above Oral Sea, for about 12 weeks of medical treatment, and the injury of the shoulder that requires approximately 6 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statement prepared, written statement as to whether there exists any serious injury, and written statement on the occurrence of any traffic accident in the F;

1. The application of Acts and subordinate statutes, a survey report on the occurrence of a traffic accident, a report on the occurrence of an accident site photograph, each medical certificate, and each opinion;

1. Article 3 (1), the proviso to Article 3 (2) 4 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under Article 62(1) of the Criminal Act: the defendant’s age, environment, character and conduct, motive of the crime, means and consequence of the crime, and the circumstances after the crime was committed.

A favorable condition:

arrow