logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2014.02.06 2013고단2014
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

Punishment of the crime

On August 26, 2013, at around 12:30 on August 26, 2013, the Defendant driven Csch Rexroth vehicles and stopped and started the vehicle in the front of the road safety zone in the Goyang-gu, Soyang-gu.

The defendant, who is engaged in driving service as a place where a safety zone is set up in the yellow line, has a duty of care to safely check whether there is an obstacle in front of the driving direction of the vehicle, by breaking the safety zone and stopping the vehicle at such place, or passing through the safety zone. In addition, if it is inevitable to stop and start the vehicle after stopping the vehicle, he has a duty of care to safely proceed by checking well the right and the right and the right of the vehicle.

Nevertheless, the Defendant was negligent in the course of business in which the Defendant stopped in the safety zone as soon as possible while neglecting the duty of care at all times, and thereby starting the vehicle as it is, due to the Defendant’s driver’s negligence, and received the victim D(39 years of age) who was sitting on the right side of the safety zone from the right side of the vehicle, and suffered injury, such as the pressure pressure of the closure of the parts No. 2 and No. 3 times of the 12 weeks in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes to a medical certificate, a written opinion, and a report on investigation (verification of injury of a victim);

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

1. Article 62 (1) of the Criminal Act (The following circumstances among the reasons for sentencing shall be considered):

1. The reason for sentencing under Article 62-2 of the Criminal Act (hereinafter referred to as the "order to attend a lecture") that the victim suffered serious injury due to the defendant's act of sentencing: Provided, That the fact that the defendant is against himself/herself, has no record of the same kind of punishment, and an agreement is made with the victim after committing the crime.

arrow