logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 해남지원 2016.12.01 2016고단411
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 B-learning car.

On 11:50 on 28. 2016. 28., the Defendant driven the above car, and opened the two-lane road in front of the D convenience store in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, the Defendant was driving at approximately 40km at a speed of 10km along the intersection with the entrance and exit of the zone, and proceeded at the speed of 40km.

Since there is a crosswalk where a signal, etc. is installed, in such cases, there was a duty of care to confirm whether a person engaged in driving service is a person who gets on the way to reduce the speed and to see well the right and the right on the front side, and to drive safely in accordance with the new subparagraph.

Nevertheless, the Defendant neglected to do so and even if the vehicle signal was changed to a stop signal, the Defendant was negligent in proceeding as it was, and the victim E (the age of 29) was placed on the right side of the said vehicle.

The Defendant, by negligence in the above occupational negligence, suffered injury to the victim, such as blood transfusion from an external wound, which does not have two or more open situations requiring approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. A medical certificate;

1. A traffic accident report, actual condition investigation report;

1. Application of Acts and subordinate statutes on site of traffic accidents;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the illegality in applying the sentencing criteria [the range of recommending punishment] general traffic accidents of category I (the injury caused by traffic accidents) is serious in the area of aggravation (eight to two years) (excluding a person under special circumstances] in Article 3 (2) (proviso) (excluding subparagraph 8) of the Special School Act;

2. The defendant's negligence with regard to the occurrence of a sentence of sentence shall be taken into consideration that the defendant's negligence is not much significant, that the degree of injury inflicted on the victim is not minor, and that there is no agreement with the victim.

arrow