logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.09.07 2017고단1418
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

Around 09:50 on April 13, 2017, the Defendant driving a two-wheeled vehicle with CSV250 on a two-wheeled vehicle, and driving the front road of Mapo-gu Seoul Metropolitan Government D along three-lanes of the three-lanes of the upper rock distance from the front side of the cancer elementary school.

At the same time, there was a crosswalk in which signal lights are installed, so in such a case, the driver of the vehicle has a duty of care to temporarily stop in front of the crosswalk when the driver of the vehicle sees the front door well, and the driver of the vehicle has a duty of care to temporarily stop in front of the crosswalk when the pedestrian passes the crosswalk.

Nevertheless, the Defendant neglected this and did not stop and violated the stop signal, and the victim E (V, 52 years old) and the victim F (V, 48 years old) passed the crosswalk to port from the right side of the two-wheeled automobile driving of the Defendant, but did not temporarily stop the victim E and the victim F go beyond the front part of the two-wheeled automobile driving of the Defendant.

Defendant 1 suffered from the above occupational negligence such as cutting off, closing, etc. of a cage cage cage cages that need approximately 8 weeks of treatment to victims E, and the victim F suffered approximately 8 weeks of treatment from the victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and E;

1. A report on traffic accidents and a survey report on actual condition;

1. Application of investigation report (STV image verification), investigation report (Submission of a diagnosis report) Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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 criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The reason for sentencing of the alternative imprisonment without prison labor [the scope of the recommended punishment according to the sentencing guidelines] of the crime of this case is an ordinary concurrent crime. The sentencing guidelines do not present a separate processing criteria for the ordinary concurrent crimes, but they determine the sentence.

arrow