logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2017.07.05 2017고단538
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a Crash vehicle.

On January 13, 2016, the Defendant driven the above vans around 17:43, and came to turn to the left at the right from the right west-gu, Southern-gu, the intersection of the school building distance in the 211st of the Twit-gu, South-gu, Chungcheongnam-gu, Mag-gu, the right-hand turn to the right-hand turn.

Since there is an intersection where a signal apparatus is installed, a person engaged in driving service has a duty of care to drive safely in accordance with the signals by making it possible for the person engaged in driving service to live well on the right and the right of the way.

Nevertheless, the defendant neglected this and neglected to turn to the left in violation of the signal, and there was a conflict between the two sides of the right side of the victim's E-to-face driving, which is moving from the right side of the literature distance, to the front side of the vehicle of the defendant.

After all, the Defendant suffered injury to the above victim due to the above occupational negligence, such as cerebral cerebral harming the victim with fewer than six weeks open for medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. Written estimate and each written diagnosis;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, where the defendant violated the signal and operated a vehicle, thereby causing serious injury to the victim, which requires six weeks’ medical treatment, and the victim still remains in a state of legacy, such as loss of hearing power, etc., and the result of the instant crime is serious.

However, the fact that the defendant agreed with the victim, the fact that the defendant has subscribed to the motor vehicle comprehensive insurance, has lived without any particular criminal record for not less than 20 years since 198, and the fact that the defendant has no same criminal record is considered as favorable to the defendant, and the age, sex, etc. of the defendant is taken into consideration.

arrow