beta
(영문) 서울남부지방법원 2015.01.16 2014고단4052

교통사고처리특례법위반

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

At around 17:40 on June 4, 2014, the Defendant driven the said car and proceeded by moving the road front of the 416 sexual intercourse into the new road in Guro-gu Seoul, Guro-gu, Seoul, to the surface of the sexual intercourse. On the other hand, the Defendant neglected his duty of care to temporarily stop on the crosswalk in front of the sexual intercourse and to prevent the accident, and caused injury to the victim C (26 years old) who walked on the same crosswalk due to the Defendant’s occupational negligence while neglecting his duty of care to prevent the accident, by examining whether there is a pedestrian, while driving the said car at around 17:40, and driving it on the new road in front of the new road in Guro-gu, Seoul, and driving it on the new road in front of the sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2);

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] Article 62 (1) of the Act on the Suspension of Execution shall be determined as per the Disposition, taking into consideration the following: (a) there is no basic field (of April to October) of the first type of general traffic accident (decision of sentence] [No person with a special appearance] (decision of sentence] the degree of injury of a victim has not been agreed, but the degree of injury of a victim has not been agreed; (b) confession and reflects, automobile comprehensive insurance is subscribed, and there is no other criminal record other than a single punishment by fine.