logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2014.12.22 2014고단2628
교통사고처리특례법위반
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

Criminal facts

Around 21:00 on October 2, 2014, the Defendant was driving a sealed truck with C, and the Defendant was driving from the 5-lane distance off the middle distance of 541 prior to Sungnam-si, Sungnam-si, to the South Korean Industrial Accident Prevention Zone, depending on one-lane distance of 541.

Since there is a signal apparatus installed, in such a case, the defendant engaged in driving of the motor vehicle has a duty of care to safely drive the motor vehicle by complying with the signal.

Nevertheless, the Defendant neglected this and received the front part of the victim D (year 17) driving in the direction of the right side of the cargo vehicle and the front part of the victim D (year 17) driving in the direction of the right side of the cargo vehicle.

Ultimately, the Defendant caused the victim to suffer bodily injury, such as the booming of 16 weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

1. A copy of a medical certificate or medical record;

1. Application of Acts and subordinate statutes on site photographs;

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

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant caused a traffic accident due to gross negligence in violation of signal signals, and the victim and his family members who were under age due to the defendant's crime appear to have suffered a big pain. Nevertheless, there are unfavorable circumstances such as the victim and his family members who did not reach an agreement. However, on the other hand, the accident vehicle is covered by a comprehensive insurance, and the accident vehicle has reached a separate judgment in this law, and the vehicle is deposited with 15 million won for the victim, and it is against the mistake, and the punishment exceeding the fine is imposed.

arrow