logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.10.06 2016고단2709
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a vehicle QM3.

On May 16, 2016, the Defendant driven the above car at around 21:00, and proceeded along the six-lanes of the 426 reading distance, as Geumcheon-gu Seoul Metropolitan Government, along the four-lanes in the direction of the model in the direction of the model in the vicinity of the horse distance.

Since there is a road where signal lights are installed, there was a duty of care for those engaged in driving of motor vehicles to safely drive the motor vehicle by complying with the signal.

Nevertheless, the defendant neglected this and caused the Daoba driven by the victim C(the age of 62) who had left to the left on the road facing a math by a sudden negligence in violation of the signal, and brought the Dooba driven by the defendant's vehicle.

As a result, the Defendant suffered injury to the victim C, such as the right 5, 6 cage cages, which requires approximately 12 weeks of medical treatment, due to the above occupational negligence, and injury to the victim E (n, 52 years of age) who took advantage of the above cage cages for about 8 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident;

1. The application of Acts and subordinate statutes to traffic accident reports, field photographs, medical certificates, investigation reports (in the case of black stuff images), and criminal investigation reports;

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

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

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act: The first offender, the victims have agreed to do so, and the comprehensive motor vehicle insurance has been subscribed to;

(k) Unfavorable circumstances: Gross negligence on the occurrence of a traffic accident due to a violation of signal, and the injury of victims was serious;

It shall be determined as per Disposition in consideration of the circumstances such as accident circumstances, degree of damage, and circumstances after the crime.

arrow