logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2018.03.08 2017고단1046
교통사고처리특례법위반(치상)
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

On April 9, 2017, the Defendant, around 12:55, driven the off-line Eone Star Co., Ltd. at a speed of about 32 km in the city, along the two-lanes of the D restaurant in Seo-gu Busan Metropolitan City, at a speed of about 32 km in front of the D restaurant.

At the time, there is a duty of care to drive safely without breaking the central line because it is a hond road on the left side where the central line is installed.

Nevertheless, the Defendant neglected this and caused the Defendant to shock the bicycle driven by the Victim F (26 tax) who was able to drive by the negligence of driving the central line, with the front left-hand side of the said Lone Star Co., Ltd.

As a result, the Defendant caused the victim to suffer bodily injury, such as the deprivation of the right to the right side, which requires approximately 14 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. A traffic accident report;

1. CCTV images and photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the community service order [the reasons for sentencing under sentencing guidelines] - The basic area (four months to one year) of the type 1 of the general traffic accident [the sentence] [the decision] Defendant was operated in the first place in the center line], and the injured party who was suffering from the accident committed a collision with the Defendant who returned to the original lane beyond the center line in order to avoid the Defendant’s vehicle, and the Defendant was the Defendant, and the Defendant had no choice but to operate the center line in line with the road conditions.

However, when considering CCTV images, there are many vehicles that run along the lane by sufficiently lowering the speed, and even though the degree of injury to the victim is not somewhat weak, the defendant.

arrow