logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.10.06 2016고단2746
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

On June 3, 2016, the defendant driving the above vehicle at around 15:45, and driving the four-lane road in front of the D Hospital located in Gwangju Mine-gu C along the two-lanes of monthly fluences from the upstream of the lower bank.

Since there are crosswalks where signal lights are installed on the front door, in such a case, the person engaged in driving service had a duty of care to safely drive the crosswalk as well as to check whether there is a person who gets on the front door as the person engaged in driving service.

Nevertheless, the Defendant neglected this and went to the right side of the victim E (the age of 10) with the right side of the Defendant’s vehicle by reason of the occupational negligence in the course of the Defendant’s course, in contravention of the stop signal, and led to the right side of the victim E (the age of 10).

Ultimately, the Defendant suffered from a serious injury, which caused the victim to cut up to three satisfactions due to 3, 4, and 5 tensions, which require approximately five weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The application of the actual condition survey report, signal system map, diagnostic certificate, medical statement (whether serious injury is caused), photographic Acts and subordinate statutes;

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, and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of the recommended sentence based on the sentencing guidelines: A person who is in a special zone (eight to two or more months) that increases the weight of traffic accidents in the first category (eight to two or more years) of general traffic accidents: In case of serious injury, or in case of a special mitigation (excluding the proviso of two or more provisos) in the proviso of Article 3 (2) (excluding subparagraph 8) of the Specialized School Act: A person who is subject to no penalty in any case of imprisonment without prison labor for up to two years;

2. Determination of sentence: 8 months in prison; and

arrow