logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.11.23 2020고단3237
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the vehicle B at low price.

On June 10, 2020, at around 23:40 on June 10, 2020, the Defendant made a left turn to the left in the C apartment direction while driving in the direction of the government in the direction of the C apartment, depending on one lane the road of 560 square meters in front of the “Inncheon-si Office” and the two-lanes.

There is a place where the left turn can be made when the signal to turn to the right at the intersection of the street where the signal, etc. is installed, so there was a duty of care to safely drive the vehicle in accordance with the new code after checking whether the driver is coming from the speed reduction and the right and the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and received the full part of the victim D (Nam, 29 years old)'s Ma-ri-ri-ri-ri-ri-ri-ri-car, which was proceeding in accordance with the straight line from the negligence attributable to the left-hand turn, even though the forward-hand signal was a straight signal, as the front part of the Defendant's driving.

As a result, the Defendant suffered injury to the victim, such as the right sleep, which requires treatment for about 8 weeks, due to such occupational negligence.

Summary of Evidence

1. Report on the suspect's interrogation protocol of the defendant as to D's court statement;

1. A report on the occurrence of a traffic accident, a traffic accident report (1) and a traffic accident report (2) (2).

1. On-site photographs;

1. Application of Acts and subordinate statutes to photographic site diagnosis certificates (D);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From January to five years of imprisonment without prison labor;

2. Extent of recommendation [the determination of types] according to the sentencing criteria for traffic crimes: General traffic accidents [the category 1] causing a traffic accident (the special person who is a person under punishment]. The factors to mitigate the injury caused by a traffic accident: the restoration of damage caused by a cause not to punish.

arrow