(영문) 울산지방법원 2013.11.15 2013고단2952

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2013.11.15 2013고단2952

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 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 a small-scale car B.

At around 04:50 on May 28, 2013, the Defendant proceeded at a speed of about 40 km along the two-lanes between the 3-lanes from the sap field between the sap field and the 3-lanes.

Since there is a crosswalk, in this case, there was a duty of care to check whether a person engaged in driving service is a person who gets involved in driving service to reduce the speed and to see the right and the right and the right and the right, and to safely drive the road.

Nevertheless, the Defendant neglected this and proceeded along as it is, instead of negligent negligence, received the head part of the victim C(Inn, 57 years old) in front of the Defendant’s driving vehicle.

Ultimately, the Defendant suffered injury to the victim, such as cutting the body of a non-closed pelpelel, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report and on-site photographs;

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 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Sentencing sentencing criteria: One month to six months without prison labor;

2. The main point of the instant sentencing decision is the sentencing factors disadvantageous to the Defendant.

It is the sentencing factor favorable to the defendant that the defendant is waiting to commit the crime, that there is no criminal history of the same kind, and that the victim does not want the punishment for the defendant by agreement with the victim.

Other conditions of sentencing, such as the age, character and conduct, environment, and circumstances after the crime of the defendant.

참조조문

유사 판례

-울산지방법원 2015.08.27 2015고단1215

-울산지방법원 2013.07.18 2013고단2166

-울산지방법원 2014.07.17 2014고단1010

-울산지방법원 2020.05.08 2019고단3536

-울산지방법원 2015.06.05 2015고단566