logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.04.24 2018고단515
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in Cradical art.

On December 14, 2017, 17:30 around 17:30, the Defendant moved to the intersection of the shooting distance in front of the children’s park at the port of the south along the south of the intersection.

There are signals and crosswalks installed, so in such cases, there was a duty of care to drive safely after checking whether a person engaged in driving service is a person who reduces speed, well sees the right and the right and the right and the right and the right and the right of the road.

Nevertheless, the Defendant neglected this and proceeded on the right side of the Defendant’s vehicle, thereby moving the crosswalk from the right side of the Defendant’s vehicle to the left side, according to the new name, followed by the victim D (the age of 27) with the front wheels of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the 5th head of the 5 metre, which requires approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Report on the occurrence of a traffic accident;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of the punishment according to the sentencing guidelines] traffic accidents in general traffic accident [the scope of the punishment pursuant to the sentencing guidelines] / (4 to 1 year) basic area (whether suspended execution is suspended or not ] - Main reasons for taking into account (affirmative): There is no record of criminal punishment - Where there is no general reason for criminal punishment - general circumstances (affirmative): In cases falling under the proviso of Article 3(2) of the Act on Special Cases of the Republic of Korea, where social relation is clear, serious reflectness, Defendant's detention entails excessive difficulty to his family members, and the crime of this case involves the crime of this case by violating the duty of the defendant to protect pedestrians in the crosswalk.

arrow