logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.04.27 2016고단309
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 of the Grandland Kapool.

On December 30, 2015, the Defendant driven an above 18:20 on the 18:20 on December 30, 2015, led to the front of the Gangnam apartment, which is located in the Suwon-si Police Zone, to the direction from the west side.

Since there are crosswalks where signal lights are installed on the front door, the driver had a duty of care to see whether a person engaged in driving service is a person standing the crosswalk, and to safely drive the crosswalk in accordance with the signals.

Nevertheless, due to the negligence that the defendant neglected this and proceeded against the signal signal even though it was red, the defendant received the victim D (the 45 years old), the victim E (the 15 years old), the victim E (the 15 years old), who was walking the above crosswalk from the right side of the defendant's running direction to the left side.

As a result, the Defendant suffered injury to the victim D, such as flaver pulver pulverization and slopings, etc. on the left-hand side in need of approximately eight weeks of treatment due to such occupational negligence, and injury to the victim E, such as salt dump, tensions, etc. requiring approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements related to D traffic accidents;

1. A traffic accident report;

1. Investigation report (27 pages of investigation records);

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for the sentencing) (the sentencing guidelines are not applicable): The fault (fence violation, pedestrian shock of crosswalks) and the victim's D's degree of injury are less favorable: The error is recognized; the victim's side and agreement was reached; the site and weather conditions at the time of the accident; and the comprehensive insurance was subscribed.

arrow