logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.05.11 2015고단303
교통사고처리특례법위반
Text

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

However, 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 who is engaged in driving a Crane car.

On January 5, 2015, the Defendant operated the said car at a speed of about 40km per hour from the 08:45 to the 131-lane in Incheon Gyeyang-gu as calculated in Incheon Gyeyang-gu. The Defendant continued three lanes in front of the calculated female high school, which is located in 131 as calculated in Incheon Gyeyang-gu.

At the time, a crosswalk was installed in front of the defendant's running direction, and the vehicle signal was red, so in such a case, the defendant, who is engaged in driving a motor vehicle, has a duty of care to stop in front of the crossing report in accordance with the new code, but is negligent in neglecting such duty of care and driving in violation of the signal, and thereby, the defendant was faced with the victim D's bicycle that crosses the bicycle on the right side of the defendant's driving direction from the front part of the above motor vehicle to the left side of the bicycle.

As a result, the Defendant suffered injury to the victim, such as an explacule of an external propane which requires treatment for about 8 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A survey report on the actual condition, a vehicle for the fluor, and a photographic image of the fluore vehicle;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 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;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing of Article 62-2 of the Criminal Act on community service and order to attend a lecture [the scope of recommendation] general traffic accident (the person who is not a person who is a special person] of category 1 (the person who is injured by traffic accident) (the decision of sentence] of the basic area (the person who is a special person) of traffic accident (the decision of sentence] is serious damage to the victim, the defendant did not agree with the victim, and the defendant was shocked the victim crossing the crosswalk on the pedestrian crosswalk by violating the signal, and the defendant was at least a imprisonment without prison labor.

arrow