logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2016.03.08 2015고단1688
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 a period of 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 of a D-port cargo vehicle.

On August 15, 2015, the Defendant, at around 02:20 on August 15, 2015, proceeding six lanes in front of the volcanic gymnasium located in the Jinsan-gu, Seoul Special Metropolitan City, along one-lane from the private road of the Jinbuk-gu tunnel, was driving along the other one-lane from the private road of the tunnels, and turned out to the private road of the Jinbuk-gu.

Since it is an intersection with a signal apparatus, there was a duty of care to prevent accidents in advance by driving safely according to the signals as a person engaged in driving service.

Nevertheless, the Defendant neglected this and took part in the front part of the cab as the front part of the cab, which was driven by the victim E (the 53 years old) who was driving in accordance with the straight line due to the negligence of the U.S., who violated the signal of the front straight line.

After all, the Defendant suffered, by the above occupational negligence, the injury to the victim E, such as salt, tensions, etc. in light of the influence that requires approximately two weeks of medical treatment, and the injury to the victim G, who is the above taxi passenger (the 48-year old-age-old passenger), such as damage to light water (the neck of trees) in need of medical treatment for about 32 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each written statement of E and G;

1. A traffic accident report, closures of the accident image, and on-site photographs;

1. Investigation report (referring to a response to a request in the state of victim G);

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The sentencing guidelines of the Sentencing Committee shall not apply to the case where the ordinary concurrent relationship is established between the violations of each Act on Special Cases concerning the Settlement of Traffic Accidents as stated in the grounds for sentencing Article 62-2 of the Criminal Act.

arrow