logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.05.11 2017고단901
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 who is engaged in driving a CM5 vehicle.

On January 5, 2017, the Defendant driving the said car at around 18:57, and continued three-lanes of the 61-lane in the new window in Gwangju Mine-gu, and the 4-lanes in front of the new post office, from the boundary of the public health university.

Since there is an intersection where signal lights are installed, in such a case, the defendant engaged in driving a motor vehicle has a duty of care to thoroughly see the front hour and to safely drive the signal.

Nevertheless, the defendant neglected this and caused the driver's driver's driver's error on the right side of the driver's driving, who was driven by the victim D (27 years old) driving in accordance with the new code from the right side of the defendant's driving due to the negligence of driving in violation of the signal.

As a result, the Defendant suffered from the victim’s negligence in the above occupational negligence at the bottom of the Bridge which requires approximately 16 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. A report on the occurrence of a traffic accident and a signal system;

1. A survey report on actual conditions and a map at the scene of an accident;

1. On-site photographs of traffic accidents;

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

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

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is that the Defendant violated the signal signals and thus the instant accident occurred, and that the degree of injury to the victim is serious, the crime liability is not minor.

However, considering the favorable circumstances, such as the fact that the defendant is the first offender with no criminal history, the violation of the crime, the subscription to a comprehensive insurance, and the fact that the injured person does not want the punishment of the defendant by agreement with the victim, the age, sex, environment, family relationship of the defendant.

arrow