logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 영동지원 2014.03.13 2013고단234
교통사고처리특례법위반
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 Crano cargo vehicles.

At around 08:40 on November 9, 2013, the Defendant driven the above cargo, and led to the left turn to the left from the west-down of the Mayang-gun, Cheongcheon-gu, Cheongcheon-do to the west-do left.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to prevent accidents in advance by driving safely according to the traffic signal to a person engaged in driving service.

Nevertheless, the Defendant neglected to drive a stroke while driving and by negligence violated the signal, received the front part of the EM5 car driven by the victim D(the age of 47) who was straighted under the new code from the area of Macheon Station from the area of the Macheon Station, which was driven by the Defendant, as the front part of the cargo driven by the Defendant.

Ultimately, the Defendant caused the injury to the victim D by the above occupational negligence, such as clocks requiring approximately two weeks of medical treatment, and the injury to the victim F, who was on board a car driven by the said D, including the left-hand 3, 4, 5 clocks, which require approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement on the occurrence of a D traffic accident;

1. A traffic accident report;

1. A traffic accident report;

1. A copy of each written diagnosis;

1. Application of the Acts and subordinate statutes for photograph explanation;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against VictimsF with heavier penalty);

1. Selection of alternative imprisonment without prison labor;

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

1. Scope of punishment: One to five years of imprisonment without prison labor;

2. The scope of sentence recommended on the sentencing guidelines [type of crime] traffic crimes, general traffic accidents and injury resulting from traffic accidents (special mitigation) are not subject to punishment.

arrow