logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2018.07.12 2017고단2549
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 a period of 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 the duty of driving K5 taxis.

On October 9, 2017, the Defendant driven the above taxi in front of the D convenience point located in Cheongju-si C, Cheongju-si, and continued to turn to the left from the direction of the Yongsan-si library.

At the time, there is a pedestrian crossing in which a signal, etc. is installed at night and at that time, so a person engaged in driving service has a duty of care to check whether there is a person who gets a crosswalk by reducing the speed and by checking well the right and the right and the right of the road, and to drive safely according to the new subparagraph.

Nevertheless, the Defendant neglected this and got the victim E(46) to wear the crosswalk in accordance with the pedestrian signals of the marine green by negligence when the Defendant got the victim E(46) in front of the above taxi.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the denial of the inside side, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes concerning site photographs and black stuffs images;

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the

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

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

1. Where the illegality in the area of increase (eight months to two years) in the category (eight months to two years) of one of the types of general traffic accidents (excluding those subject to special aggravated) according to the sentencing guidelines is serious in accordance with the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (excluding subparagraph 8).

2. The fact that the defendant's decision of sentence (the imprisonment without prison labor for eight months, the suspension of the execution of two years, the community service) is serious and the victim suffers serious injury, and the victim wishes to punish the defendant, etc. is recognized as disadvantageous to the defendant and is inconsistent with the defendant's mistake;

arrow