logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.04.23 2013고단3373
교통사고처리특례법위반
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 who is engaged in driving B-II truck.

On October 05, 2013, around 06:30 on October 06, 2013, the Defendant proceeded with the four-lane road of 501 km-dong, Songpa-gu, Songpa-gu, Seoul at a dived speed toward the ethic air protection from the diving.

Since there are an intersection where signal, etc. is installed in the front bank, in such a case, the driver of the motor vehicle has the duty of care to safely drive the motor vehicle by reducing the speed and checking well the front side of the motor vehicle.

Nevertheless, the defendant neglected to turn left due to the negligence in violation of the right-hand signal and brought down the front part of the victim C driver's Oba in the opposite direction to the intersection in accordance with the new code, with the right-hand part of the Defendant's vehicle.

As a result, the defendant suffered from occupational negligence to the victim C(35 years of age) such as the left-hand slots that require approximately 12 weeks of medical treatment, and the victim D(35 years of age) who is Oralabba, the victim D(35 years of age) that requires approximately 10 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and C;

1. A traffic accident report;

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

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

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the decision of the type] of traffic accident in general traffic accident [the decision of the recommending area] basic area [the range of recommending sentence] from April to October / [the decision of sentencing] victim's injury] but it is not agreed with the victims even though the victims' injury was serious, and the scope of driver's age under the insurance agreement of the vehicle operating in a household is 35 years.

arrow