logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2013.08.28 2013고단550
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 14:45 on April 18, 2013, the Defendant was driving the B 3 truck by business, and was driving the B 3 truck on the left side of the said truck, and was driving the front road of the restaurant from the side of the cream station, regardless of the father in the chill of Kimcheon-si, or the front road of the restaurant. The Defendant was taking the victim C (three years) (the victim), who opened the way to the right side of the course from the left side of the said truck by his occupational negligence, with the speed of 56 km per hour without neglecting the duty of care to be driven within the speed of 30km.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as sexual intercourse, which requires approximately eight weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate (C);

1. Application of Acts and subordinate statutes to investigation reports (as to additional cases in violation of speed limit);

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (3) 3 and 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Determination of Punishment] for a traffic accident in general traffic accident: In a case where there is considerable negligence on the occurrence of traffic accident or expansion of damage to the victim, the aggravated element of punishment not to impose punishment: In a case where illegality is serious in the proviso of Article 3 (2) of the School Special Act [the scope of decision and recommendation in the recommended area] for mitigation area, one month or six months [the mitigated element] for a vehicle comprehensive insurance: In a case where serious injury not serious injury occurs [the suspended sentence] for a case where illegality is serious in the proviso of Article 3 (2) of the School Special Act: Where the victim is grossly negligent in the occurrence of traffic accident or the expansion of damage, the major reason for sentencing is clear, and the suspended sentence is far more.

arrow