logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.03.17 2015고단3906
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

Reasons

Punishment of the crime

The defendant is a person engaged in the business of driving a motor vehicle or bicycle under his/her own ownership.

On May 12, 2015, the Defendant driven a bicycle for a motor device at a low speed of 04:05, and driven a three-lane road at a speed of 385, which is located in the 385-lane, Jung-gu, Seoul, Jung-gu, Seoul, along the two-lane distance from the breadth to the breadth.

At the time, there was a crosswalk in which signal lights are installed at the front of the night, and there was a duty of care to reduce speed for those who are engaged in driving of motor devices and bicycles, and to check whether there is a person who gets on the front of the road, and to prevent accidents in advance by driving safely.

Nevertheless, the defendant neglected to do so and tried to walk the above crosswalk due to the negligence of failure in front of the front, and found the victim D (at the age of 80) who walked on the above crosswalk late, and did not avoid it, but caused the victim to go beyond the floor and caused the victim to go off with the road.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the victim’s blood from an unexplosive liquid wound, and flavating the trauma, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A comprehensive analysis of traffic accidents;

1. A medical certificate;

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

1. On-site photographs;

1. A report on investigation;

1. As to the investigation report (as to whether serious injury was inflicted)

1. Application of Acts and subordinate statutes to report on investigation (referring to hearing statements related to victim status, etc.);

1. Grounds for sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, and Article 268 of the Criminal Act concerning criminal facts;

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. The scope of the recommended punishment for the sentencing criteria [the scope of the recommended punishment]; and

arrow