logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.05.11 2016고단1604
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a guardian 50cc or obane without a license plate.

On January 21, 2016, at around 18:00, the Defendant proceeded at a speed of about 30 km per hour on the front side of the C member in Dongjak-gu Seoul Metropolitan Government, with two-lanes from the front side of the National Assembly member, the two-lanes of the front side of the C member in Dongjak-gu, Seoul.

In this case, there was a duty of care to check whether a person engaged in driving a motor vehicle has a way to reduce the speed and to check well the front door of the motor vehicle and prevent the accident in advance.

Nevertheless, the defendant neglected to do so and neglected to do so and caused the victim to go beyond the ground by taking the right-hand kne part of the victim D (the age of 31) to the right-hand side of the victim's kne in accordance with the crosswalk by negligence that neglected to perform his duty at the front time.

As a result, the Defendant suffered injury to the victim, such as cutting down the body body of the body in the upper right frame, which requires approximately eight weeks of treatment due to such occupational negligence.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a guardian who has no number plate 50cc, and is a holder of an objection to 50cc.

At the time of the day set forth in paragraph 1, the Defendant operated the above Oralb, which was not covered by mandatory insurance, at a section of about 15 km from around 84-38 to the front of the above C Council member, in Black-dong, Dongjak-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on the actual conditions of the site;

1. Application of Acts and subordinate statutes concerning diagnosis and accident-related photographs;

1. Relevant Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Act on Criminal Facts, Article 3(1) and proviso of Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation and loss of duties, choice of imprisonment without prison labor), Article 46(2)2 and Article 8 of the Guarantee of Automobile Compensation Act (the occupation of the operation of an automobile with no mandatory insurance, choice of imprisonment with prison labor).

arrow