logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.03.30 2016고단5534
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 C Launa taxi.

On November 3, 2016, the Defendant driven the above taxi at a speed of 16:25, the Defendant proceeded at a speed of fluence, leading to the front of the Samho Savings Bank located in 342, Nam-gu, Chungcheongnam-gu, Gwangju, along with one lane, and the right angle of the rectangular distance from the high-priced bank located in 342.4 lanes.

However, since there are crosswalks in which signal apparatus was installed, there was a duty of care to reduce the speed and safely drive the driver according to the new code.

Nevertheless, the Defendant, without disregarding the stop signal, was unable to avoid the victim D (51)'s bicycle driving on the left part of the direction behind the direction while entering the crosswalk as it is, and received the above bicycle from the front part of the taxi driving by the Defendant.

Ultimately, the Defendant suffered from the victim’s occupational negligence, such as “L1’s closing frame” that requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Reporting on the occurrence of a traffic accident;

1. The actual investigation report on traffic accidents;

1. Evidence photographs at the scene of the accident;

1. A certificate of subscription to the Financial Cooperative and an automobile accident agreement;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing criteria: Persons who are subject to special mitigation in the area of mitigation of traffic accidents by the type of general traffic accidents not exceeding eight months without prison labor: Persons who are not subject to punishment by the National Assembly;

2. Determination of sentence: Six months of imprisonment without prison labor, the negligence of the defendant for one year of suspended sentence, and the degree of injury of the victim are disadvantageous to the defendant;

However, the defendant was around 203.

arrow