logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 충주지원 2017.08.23 2017고단421
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaged in driving a motor vehicle B with detached motor vehicles.

On April 11, 2017, the Defendant driven the above vehicle on April 11, 2018, and proceeded directly with the intersection in front of the Cultural Saemaul Undong, which is located in the Chungcheong Culture Complex, from this et to the first et-ri-ri-ri-ri, the 1-lane.

At that time, the signal was cross-sections with signal lights, so in such a case, the person engaged in driving service had the duty of care to see the signal from the front and to safely proceed with the straight-line signals.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded in violation of signal signals, the Defendant brought about the pedestrian C (V, 45 years old and 55 years old) and D (5 years old) crossing the crosswalk to the left side of the direction of the vehicle in which the Defendant was placed, from the right side of the Defendant, to the front side of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim C by such occupational negligence to suffer injury to the victim C, such as acute flaging transfusions, which requires approximately six weeks of treatment, and the victim D suffered injury to the victim D, such as a flaging and closing of the flaging surface, which is necessary for approximately twelve weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements in C and D;

1. A survey report on actual conditions;

1. Photographss and accident video CDs related to the traffic accident;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a victim D with a heavier criminal penalty)

1. Selection of a credit cooperative without prison labor for punishment;

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

1. Application of the sentencing guidelines [the type of determination] traffic crimes, general traffic accidents, and type 1 (the injury of a traffic accident) (the person subject to special sentencing): Where an injury occurs among the factors subject to aggravated punishment, where illegality in Article 3(2) proviso (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious, or where an accident is serious.

arrow