logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.01.27 2013고단3207
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 of the final judgment.

Reasons

Punishment of the crime

On October 20, 2013, the Defendant, who is engaged in driving of Cranchi XG car, driven the said car at around 14:15, and led to a three-lane road of Seongdong-gu Seoul Metropolitan Government, Seongdong-gu, Seoul, along the two-lane distance from the Red Cross distance to the pilotage distance.

Since there is a crosswalk where a signal, etc. is installed, it is necessary to confirm whether a person engaged in driving service is a person to reduce the speed and to see the right and the right and the right well, and there was a duty of care to safely drive the traffic signal and prevent the accident in advance.

Nevertheless, the defendant neglected this and caused the victim's bicycle left side of the victim D (the age of 13) who passed a bicycle on the left side of the road along the crosswalk for pedestrians to go beyond the floor by taking the front gate of the above vehicle and continued to go up the victim E (the age of 13) according to the crosswalk on the right side of the road.

The Defendant suffered from the above occupational negligence on the part of the victim D with injury, such as cerebral cerebral typosis, which requires approximately 12 weeks of medical treatment, and on the part of the victim E with injury to the left-hand typosis, which requires medical treatment for about 5 days.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Each investigation report (verification of scambling, black image);

1. Request for cooperation in investigation;

1. Application of Acts and subordinate statutes for investigation report (E diagnosis);

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 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 provides that the defendant is the first offender, that the defendant agreed with the victim D, and that the defendant recognized and reflected the mistake.

arrow