logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2014.08.28 2014고단1368
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 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 wing and cargo vehicle B.

On December 05, 2013, the Defendant driven the above cargo vehicle around 01:30 on December 05, 2013, and proceeded with three-lanes in front of the shooting distance in the king-dong, Chungcheongnam-do, Sinsan-si.

At that time, since the location is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to live well on the front side and the left side, and to prevent accidents by driving safely according to the traffic signal.

Nevertheless, the Defendant neglected this and received the front portion of the D Kan-kin car driven by the victim C, who was on the front side of the D Kan-kin car driving from the front side of the D Kan-kin car, due to the fault or negligence of the U.S., in violation of the straight-kin signal.

As a result, the Defendant suffered from the above occupational negligence to the victim C the injury of the second spons, etc., which requires the treatment for about three months, and the victim E who was accompanied by the said car at the same time, the injury of the sprinke, etc., which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report (1) (2) and the application of Acts and subordinate statutes governing the accident;

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;

1. Selection of alternative imprisonment without prison labor;

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

1. The case of this case where the defendant's reason for sentencing under Article 62-2 (1) of the Criminal Act and Article 59 of the Act on Probation, etc., caused an accident while driving in violation of the signal and thereby causing an injury to two victims, is not less exceptionally, the victims are not agreed, and the defendant's punishment power related to traffic is six times.

arrow