logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.08.17 2017고단2860
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On May 6, 2017, the Defendant driving the above taxi around 04:10, and driving the 2nd line road in front of Gwanak-gu, Seoul Special Metropolitan City D along with one-lane ICT room from the surface of the gate tunnels.

At night, there is an intersection where signal lights are installed at the front door of the taxi at night, and in such a case, the driver of the vehicle is required to check whether there is a vehicle traveling along the intersection by reducing speed and checking well the front door, and even if there is an occupational duty to safely drive the vehicle in accordance with the traffic signals and prevent the accident in advance, the driver neglected to do so and caused the victim E (V, 67 years old) who opened the crosswalk from the right edge of the taxi in accordance with the green pedestrian signals to the left side of the above taxi due to the negligence of left-hand turn to the right edge of the above taxi, thereby causing the victim to suffer injury, such as the pressure 11-day therapy of the chest 12 weeks in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. E statements;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] Article 62(1) of the Criminal Act of the Act on the Suspension of Execution is that there are favorable circumstances such as (i) the mitigation area (i.e., the person subject to special mitigation) [i.e., the person subject to special mitigation] [including efforts to recover from damage] the defendant's failure to punish (including the person subject to special mitigation] [the decision of sentence] there are several times of traffic accidents, but there are unfavorable circumstances such as the defendant again violating the signal, such as making an accident in contravention of the signal, confession and oppositeness, (ii) agreement with the victim, and

arrow