logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2017.11.10 2017고단230
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years 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 bicycle with a three-wheeled motor device.

On October 4, 2016, the Defendant, without obtaining a motor motor bicycle license from around 05:25, 2016, operated a spact motor bicycle, which is not mandatory insurance, led to the running of the road in front of the road in front of the spacttop parking lot located in the sphere, east-gu, the sphere-si, the sphere-si,

At the time, there was a duty of care to safely drive a person engaged in driving service by checking well the right and the right.

Nevertheless, the Defendant neglected this and found the victim D (n, 64 years old) who walked from the right side of the way to the right side by negligence, and caused the damage by the motor device with the three-wheeled motor, as he did not escape.

Ultimately, the Defendant suffered injury to the victim by the above occupational negligence, such as the pressure of 12 chests, which requires approximately 10 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. The table of the specifications;

1. A medical certificate (22 pages of evidence records);

1. Application of statutes on site photographs;

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment; Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act (the occupation and loss caused by the traffic of any motor vehicle; the selection of imprisonment without prison labor); Article 46(2)2 of the Guarantee of Automobile Compensation Act; the main sentence of Article 8 (the operation of any motor vehicle which is not covered by mandatory insurance; the choice of imprisonment with prison labor); Articles 154 subparag. 2 and 43 of the Road Traffic Act (the occupation of driving without obtaining a license and the selection of fines);

1. The former part of Article 37 of the Criminal Act, the main sentence of Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act (the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Guarantee of Compensation for Motor Vehicle Damages) and the punishment are heavier.

arrow