(영문) 서울남부지방법원 2013.09.04 2013고단1826

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(영문) 서울남부지방법원 2013.09.04 2013고단1826

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a two-wheeled automobile(s).

On March 5, 2013, at around 21:47, the Defendant, while driving four lanes of the four-lanes in the direction of the new road in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, the Defendant violated the signal at the front of the road without properly verifying the fact that the signal, etc. was installed on the front of the road, and caused the injury to the victim C (the age of 54) who was standing the crosswalk to the right side of the left side of the road in accordance with the Defendant’s Otoba, as he was negligent in going against the signal and proceeded as it was.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution concerning D;

1. Statement to C by the police;

1. A traffic accident report;

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

1. Relevant statutory provisions of Article 3(1), the proviso of Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts; Article 268 of the Criminal Act; the reason for imposing a sentence of imprisonment without prison labor [decision of a sentence] general traffic accident; general traffic accident; injury [the scope of recommendations] from April to October of the imprisonment without prison labor; where the illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious; - Where the reason for general participation is serious; - Where there is no effort to recover negative damage (decision of a sentence of a sentence of a sentence of a sentence of a sentence of a sentence of a sentence of a punishment of a punishment of a punishment of a punishment of a punishment of a punishment of a punishment of a punishment of a punishment of a punishment of a defendant who has committed a violation of the traffic accident; however, the defendant's violation of the provision of a punishment of a punishment of a punishment of a victim, such as the injury caused by the victim's depression between pedestrians and damage, etc.

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

유사 판례

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