logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.02.14 2016고단1963
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

1. The defendant is a person who drives a BD freight vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On February 27, 2016, the Defendant driven the above vehicle around 17:48 on 27:1, 2016, and led the Defendant to make a bypass the road in front of the distance of the American church at the front city of the front city with the right-hand side from the front intersection of the front city.

In this case, the driver of a motor vehicle has a duty of care to live well on the front side and the right and the right, and to drive safely in accordance with the signals.

Nevertheless, the Defendant neglected this and proceeded with the victim C (the age of 68) who dried the crosswalk from the left side to the right side as the front part of the above vehicle, by neglecting the signal of the crosswalk, even though it is a pedestrian signal.

As a result, the Defendant suffered brain-dead, etc. by negligence on the part of the Defendant, who did not have any wife within two weeks of open medical treatment for approximately two weeks.

2. Violation of the Road Traffic Act (Non-licenseless Driving) Defendant 2 driven the said B-car from the front of the Educational University located in the Dong-gu, Seogdong-gu, Seoul Special Self-Governing Province without a driver's license for the said day to the front road of the same 5km from the front of the educational college located in the Dong-gu, Busan Special Metropolitan City without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. The driver's license ledger;

1. A medical certificate;

1. Application of statutes on field photographs;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, and Article 3(2)1 and 6 of the proviso to Article 3(2)7 of the same Act concerning criminal facts do not apply since they are not written in the provisions applicable to indictment. Article 268 of the Criminal Act (the occupation of occupational and de facto occupation, the choice of imprisonment without prison labor), Articles 152 subparag. 1 and 43 of the Road Traffic Act (unlicensed driving, the choice of imprisonment without prison labor)

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 of the Criminal Act:

arrow