logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.08.20 2014고단3161
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above punishment shall be suspended for one year 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 motor vehicle B with the test.

On April 20, 2014, the Defendant driven the said car on April 20, 2016:10, and driven the said car into the Suwon-gu, Suwon-si, the Defendant continued the five-lane road in front of the 19 complex construction site, along three-lanes from the heading office and ICT, at the speed of about 60km from the Sin-si to the Sin-si Police Station.

Since there is an intersection where signal lights are installed at the front of that place, in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident by driving the motor vehicle in advance according to the traffic signal.

Nevertheless, the Defendant neglected to do so and even if the signal was changed to a stop signal, the Defendant continued to proceed on the left-hand side of the victim C(61 years old) driving, which was proceeding on the right-hand side of the moving direction, and received the part above the left-hand side of the passenger car of the Defendant.

Ultimately, the Defendant suffered from the injury of the victim C, such as external shock shocks for about 12 weeks of medical treatment due to the above occupational negligence, and the victim’s car E (the 60-year-old age) suffered from the injury of the victim, such as external shocks for about 6 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. C’s statement;

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

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. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., the fact that the vehicle has violated signal, the fact that the vehicle is covered by comprehensive insurance, the fact that there is no special criminal record other than the one-time fine, and the fact that there is an agreement with the victim C): mitigated factors.

arrow