logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.11.27 2020고단2860
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 Bsch Rexroth car.

At around 17:30 on April 4, 2020, the Defendant followed the “D” front of the road in Gyeonggi-gun C, Gyeonggi-do, to the direction of a gas station.

Since there is a crosswalk without signal lights at the rear, there was a duty of care to prevent accidents in advance by safely driving the crosswalk in order to look at whether there is a pedestrian for the driver of the vehicle.

Nevertheless, the defendant neglected this and failed to properly operate the steering direction and operation system, and caused the victim F to cut off the crosswalk(60 years of age) as the back part of the defendant's driver's car and exceeded the ground.

Ultimately, the Defendant suffered injury to the victim, such as pressure duplicating 4 times in need of approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's statutory statement, traffic accident, actual condition investigation report, scene photograph, traffic accident-related video CDs (F No. 6).

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 concerning Criminal Facts, and Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic accidents: General traffic accidents [Type 1] and the injury [Special Sentencing] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, imprisonment without prison labor for one month through eight months;

2. Determination of sentence: Six months of imprisonment without prison labor, and two years of suspended execution, the Defendant, by negligence, failed to properly look at the rear bank, sustained a serious injury to the victim in need of approximately twelve weeks of medical treatment.

Defendant.

arrow