beta
(영문) 서울남부지방법원 2015.12.24 2015고단4466

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a K3-car.

1. On July 31, 2015, the Defendant violated the Road Traffic Act (free license) driving of the said K3 car on the front of the D parking lot located in Guro-gu Seoul Metropolitan Government without obtaining a driving license on July 15, 2015.

2. On July 31, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), driving the said K3-car on the same day, coming from the said D-building parking lot to the road, and turn to the left at the right edge of the Gu street.

Since a crosswalk is installed at the front of that place, in such a case, there was a duty of care to prevent accidents in advance by driving safely after checking whether a person engaged in driving service is a person to reduce speed and to build a crosswalk.

Nevertheless, the defendant neglected this and proceeded without looking well at the front side, and found the victim E (the age of 59) to the right side from the left side of the direction of the defendant's proceeding late, and did not immediately stop. However, the victim's happiness was received as the front part of the above vehicle, and the victim's right side was over the front side of the above vehicle, and the victim's right side was over the front side of the vehicle.

Ultimately, the Defendant suffered approximately eight weeks of medical treatment due to occupational negligence as above from the victim’s ductating the right side.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

1. Article 3 (1), proviso to Article 3 (2) 6 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning criminal facts;

1. Reasons for sentencing among concurrent crimes (within the scope of the sum of the long-term punishments of the above two crimes) under the former part of Article 37, Article 38(1)2 and Article 38(2), and Article 50 of the Criminal Act [the scope of recommendations] general traffic accident category 1 (the scope of recommendations] and the aggravated area (8 to 1 year and 6 months) (the person under special circumstances).