logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.11.02 2017고단3645
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives a taxi in K5 corporation B on duty.

On May 3, 2017, the Defendant driven the above-road vehicle around 05:22 on May 3, 2017, and driven two lanes between three-lanes of the government direction of the main road in Jung-gu Seoul Metropolitan Government.

No driver of any motor vehicle, etc. shall drive any motor vehicle in excess of the speed limit pursuant to statutes.

Nevertheless, the Defendant neglected to operate 80km/h, which is located on the right side of the road, in excess of 68km/h, and discovered an over-speed unmanned camera at the front section of the accident vehicle by negligence, and 148km/h, and carried out an rapid operation, but caused the shock of the water by a drainage installed on the right side of the three-lane.

As a result, the Defendant suffered injury, such as “a tensions in drilling and drilling,” which requires approximately two weeks of medical treatment to the victim C (30 h, South) who is a taxi passenger due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding survey reports, on-site photographs of accidents, diagnostic certificates, written statements on the occurrence of traffic accidents, and response to the analysis of traffic accidents;

1. Application of Acts and subordinate statutes to report on investigation (the result of the speed analysis of the suspected vehicle);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the occurrence of the instant accident by gross negligence that the Defendant driven in excess of a speed of 68 kilometers or more; (b) the agreement with the victim is not reached; and (c) the fact that the Defendant was punished for the same kind of crime in the past is disadvantageously considered; (d) the Defendant recognized the instant criminal facts and reflects the mistake; and (e) the degree of injury the victim suffered by the instant accident is relatively minor; and (e) the punishment is determined by considering the favorable circumstances.

arrow