logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2016.10.21 2016고단591
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaging in driving a CF car.

At around 13:30 on July 26, 2016, the Defendant driven the above car and proceeded at the speed from the west to the north by the speed of the two-lanes.

Since there is a center line of yellow-ray, there was a duty of care to prevent accidents in advance by thoroughly driving the driver in front and safely driving the car line.

Nevertheless, the Defendant neglected this, while driving beyond the central line in order to overtake the light engine of the victim F(F, 65 years old) driving ahead of it, received the front part of the passenger vehicle driven by the victim G(W, 33 years old) with the front part of the HJ-WW vehicle driven by the victim G(W, 33 years old). The Defendant continued to turn back the vehicle to the shock and continued to receive the front part of the horse driven by the victim F(F5 years old) with the rear part.

Ultimately, the Defendant suffered, by negligence in the course of performing the above duties, injury to the victim G, such as franchisium abandonment, minculation, etc., which requires approximately 8 weeks of medical treatment, injury to the victim F, such as base salt, tension, etc., which requires approximately 3 weeks of medical treatment, and injury to the victim I (the victim I (the 65 years of age), who was on board the said franchisium together, for about 2 weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to J police officers;

1. G statements;

1. A report on the actual condition of survey and a report on the occurrence of traffic accidents;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

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

1. Selection of alternative imprisonment without prison labor;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The injury of the victim shall be mitigated;

arrow