logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.10.30 2018고단3657
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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

Around 14:03 on December 29, 2017, the Defendant driven BGTS125 Oba, and driven the D pharmacy located in Busan East-gu, Busan-gu, along the first two-lane road from the side of the computer scientific high school to the second two-lane.

A person engaged in driving service of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system.

Nevertheless, the defendant neglected this and got the victim E (the 75 years old) who crosses the road to the right side from the left side of the course to the right side by negligence, which led the victim E (the 75 years old) to go beyond the road.

Defendant 1 suffered an injury, such as dystrophal strokes, which requires approximately six weeks of treatment due to such occupational negligence, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The E traffic accident statement;

1. Reports (1), (2) on traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the basic area (from April to one year) of the types of general traffic accidents (no person subject to special sentencing];

2. Circumstances disadvantageous to the determination of sentence: Consideration of all the conditions for sentencing, such as the occurrence of an accident, the occurrence of the injury to the victim's unauthorized crossing of the victim, the fact that the victim's unauthorized crossing of the liability insurance, the fact that the victim has no record of criminal punishment, the fact that the victim's age, sex, behavior, environment, motive, means, results of the crime, and the circumstances after the crime, shall be considered.

arrow