(영문) 서울중앙지방법원 2014.10.17 2014고단5286

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2014.10.17 2014고단5286

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving CEX car.

On April 22, 2014, the Defendant driven the above car on April 22, 2014, and proceeds from the 4-lanes in front of the 202-lanes in south-gu, Seoul Special Metropolitan City, to the station of the political party, along with the four-lanes in front of the 202-lanes.

At the time, there is a bicycle road on the right side of the defendant's driving direction, so in such cases, the driver had a duty of care to look at whether the bicycle is being driven by the front and rear left and the bicycle is proceeding on the bicycle, and to prevent the occurrence of the accident in advance by safelypassing it.

Nevertheless, the Defendant neglected this and neglected to take the front wheel part of the victim D (the age of 18)'s bicycle driving that was driven by the above bicycle lane, and got the front wheel part of the victim D (the age of 18)'s bicycle driving to the right side of the front EX car of the Defendant driver, thereby causing injury to the victim, such as an abridge and a bed bridge, which requires treatment for about 56 days for the victim due to the shock.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against the defendant or D;

1. The actual survey report on traffic accidents;

1. Photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the penance, the fact that there is no criminal record of imprisonment without prison labor or any heavier punishment, and the fact that there is a negligence of the victim in the occurrence of the traffic accident in this case);

1. Social service order under Article 62-2 of the Criminal Act;

참조조문

유사 판례

-서울중앙지방법원 2017.06.23 2016가단117542

-광주지방법원 순천지원 2016.08.24 2016고단983

-서울중앙지방법원 2014.08.22 2014고단4368

-인천지방법원 2021.04.14 2021고단581

-서울동부지방법원 2014.01.16 2013고단2705