logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.05.16 2019고단552
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 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 rocketing taxi.

On December 8, 2018, the Defendant driven the above vehicle at around 01:45, and driven the road of two lanes in front of Eunpyeong-gu Seoul Metropolitan Government C at about 79.9km each hour from D, along the new direction.

At the time, it is night and its location is 50 km speed per hour, so there was a duty of care to prevent accidents in advance by complying with the speed limit in driving service workers, driving on the front, and driving safely.

Nevertheless, the defendant neglected this and did not discover the victim E (the 61-year old) who illegally crossed a road on the right side from the left side of the direction of the proceeding due to the negligence that the speed exceeds 29.9 km per hour, and did not find the victim E (the 61-year old) and had the victim go beyond the floor.

Ultimately, the Defendant suffered injury to the victim during 12 weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Submissions of traffic accident analysis reports;

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction other than a fine, and that the victim's negligence overlaps substantially with the accident in the instant case, and that the vehicle is subscribed to mutual aid);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

arrow