logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.06.30 2019고단6303
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Bchip taxi cars.

On August 1, 2019, the Defendant driven the above taxi at around 03:20, and driven the 40-lane 12-lane 40,000 from the Singu, Geumcheon-gu, Seoul, the Defendant continued to drive the 89.2 km each hour at about 89.2 km in the direction of the luminous sub-section 12-lane 40,000 in front of the Singu.

At the time, the off-time was suck off the off-road surface, and there was a point at the speed of 30 km per hour on the front section of the Geumcheon-Tol, so in such a case, the driver of the motor vehicle had a duty of care to prevent the accident in advance by accurately manipulating the steering gear and brake system at a speed of 20 km (24 km per hour) with the speed of 20 km.

Nevertheless, the Defendant neglected to do so and failed to accurately operate steering devices and brakes more than 65 km in speed, and caused the wall to the section of the Sucheon Tolol Stopthy, as the front part of the above taxi, due to the negligence that the Defendant failed to operate the steering gear and brakes accurately.

Ultimately, the Defendant suffered injury to the victim C (year 45) who was on board the lower seat of the said taxi due to the foregoing occupational negligence, such as the right-hand slope, the right-hand slope, and the alley in need of treatment for about 14 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report, a traffic accident situation report, a photograph of the scene of the accident, and a traffic accident analysis report;

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. The suspended sentence of Article 62(1) of the Criminal Act is too continuous driving even though it has a duty of care as a taxi engineer with special care.

The degree of injury of the victim who is a passenger of the accident has been high and the victim has been compensated for the damage, and the victim has agreed to do so.

arrow