logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.05.31 2017고단5014
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of 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 CCR100.

On September 29, 2017, the Defendant driven the upper part of the road near the Seoul Southern-gu Down, Seoul, along with four-lanes from the underground vehicular road to the middle part of the four-lanes.

At the time, the number of vehicles and pedestrians was low, and in such cases, there are crossings and crosswalks where signal lights are installed on the front side of the road, and the driver was obliged to reduce speed to the driver, to look well at the front side, and to check whether there is a person driving the vehicle, and to walk the crosswalk, and to prevent the accident in advance by driving the vehicle safely according to the traffic signals.

Nevertheless, Defendant E (the 60 years old) was placed on the left side of the right side of the Defendant’s course by occupational negligence in contravention of the signal, and the victim E (the 60 years old) was placed on the right side of the Defendant’s course.

The Defendant suffered injury to the victim, such as “flaver duling flaver on the left-hand slots,” which requires approximately 10 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A written statement on the occurrence of traffic accidents;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on internal investigation (as regards the statements of witnesses);

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] general traffic accident area (one month to eight months) in the mitigated area (one month) (including special mitigated persons), the punishment of a person not subject to punishment (including efforts to recover from damage) [the decision of sentence] of a crosswalks are absolute to pedestrians on the safety of their body within the crosswalks.

arrow