logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.06.16 2016노877
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (four months’ imprisonment without prison labor) is too unhued and unreasonable.

2. The following facts are favorable to the Defendant.

The defendant is against the defendant.

At night, the victim is also responsible for the occurrence of the instant accident even to unauthorized crossinging the crosswalk in violation of pedestrian signal (Provided, That in light of the fact that the location of the accident was the crosswalk, that the accident occurred at the location of the new wall, that there was almost no time to pass the vehicle at the location of the new wall, and that the defendant driving the vehicle at a speed exceeding 34 to 40km per hour while driving the vehicle and driving the vehicle at a speed exceeding 34 to 40km, the victim was negligent in disregarding the stop signal on the crosswalk.

However, it is difficult to view that the responsibility of the victim is a serious degree). For the bereaved family of the victim, 9.1 million won was deposited for the victim.

A vehicle driven by a defendant is subscribed to a taxi mutual aid.

On the other hand, the following is disadvantageous.

Since the Defendant passed the crosswalk while driving a taxi at night, even though he had a duty of care to reduce speed and to safely drive the front door and the left and right of the taxi, the Defendant neglected this duty and went at a speed of 94 to 100km per hour when 34 to 40km per hour when she failed to perform his duty of care at a speed of 94 to 100km per hour when she is over 34 to 34 km, resulting in a shock of the pedestrian who passed the crosswalk due to the negligence that she failed to perform her duty of care at night, and thus, the degree of negligence is very serious.

Due to the instant accident, the victim, who was the young age of 21 due to the instant accident, suffered irreparable damage to the victim and his/her bereaved family members due to a different name.

Even before the instant case, the Defendant had a record of criminal punishment twice as a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

No agreement has been reached with the bereaved family members of the victim.

In addition, the details of the instant crime and the post-crime.

arrow