logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.11.05 2015고단2200
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for five months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of a tourist bus C.

On March 26, 2015, the Defendant driven the above bus on March 26, 2017:47, and moved the front of the apartment crossing, which is located on the advanced monthly road in Gwangju Mine-gu, to the front of the crosswalk, from children's traffic park protection area to the high-tech elementary school protection area.

At the same time, the crosswalk was installed, so there was a duty of care to verify whether a person engaged in driving a motor vehicle has a way to reduce the speed and to see well the right and the right and the right of the motor vehicle and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and got off the right side of the victim D (the age of 16) who walked a crosswalk pursuant to the pedestrian signals from the right side of the course due to the negligence that led by the Defendant’s failure, thereby causing injury to the victim, such as an unfolding of the left side of the victim D (the age of 16), which led to approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Reasons for sentencing under 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 the relevant Act on Criminal Facts, and Article 268 of the Criminal Act;

1. Scope of applicable sentences by law: One month to five years; and

2. Scope of the recommended sentence based on the sentencing guidelines: The basic area (4 to 10 months) (4 to 10 months) of the type of general traffic accident shall be the first category of imprisonment without prison labor for a period from four months to ten months (the range of recommending punishment).

3. Determination of sentence: The court's decision is that the defendant, five months of the imprisonment without prison labor, injured the victim who dried the crosswalk, and the negligence is serious, and although the victim's diagnosis is in need of eight weeks' medical treatment, the victim was cut off the left part due to the traffic accident of this case, and the victim was able to receive the victim by his own mental health.

arrow