logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.04.28 2016고단384
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

Criminal facts

The defendant is a person who is engaged in driving a 125cc engine device or bicycle.

On December 12, 2015, the Defendant driven a bicycle for the above engine device on December 02:38, 2015, and led to the left-hand turn in one lane in the direction of Sungsan-gu Office in the direction of Sungsan-gu department store.

At the time of night, there was a place where traffic control was conducted by signal, etc., and therefore, there was a duty of care to reduce the speed for those who are engaged in driving of motor devices and to safely drive the front door in accordance with the new code and prevent accidents in advance.

Nevertheless, the defendant neglected this and caused the damage to the left in violation of the signal, and caused the front part of the DNA motor device bicycle driven by the victim C(23 ) who was proceeding in accordance with the new name in the direction of the sex-driven hospital to face with the front part of the motor device bicycle for the defendant's engine and the rear wheel part of the bicycle.

As a result, the Defendant suffered injury, such as dulverververization, which requires approximately eight weeks of medical treatment, to the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of a traffic accident prepared C;

1. A survey report on actual conditions;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] General traffic accidents in Article 62(1) of the Criminal Act [the grounds for sentencing [the scope of recommended punishment] no person [the person subject to special sentencing] [the decision of sentencing] [the person subject to special sentencing] [the decision of sentencing] 4 months in imprisonment without prison labor, 1 year in the suspended sentence (the circumstances of accidents, degree of injury, reflects the degree of injury, and the first offender]

arrow