logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.07.28 2016고단1676
교통사고처리특례법위반
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 engaging in driving a rocketing taxi.

On January 6, 2016, the Defendant driven the above taxi around 00:08, and driven the road of the four-lanes in front of Gangnam-gu Seoul Metropolitan City D in the direction of the 3-lanes of the Gu-Uirsu, the Gu-Uirsu (Uirsu) Salk (Seoul), in the direction of the 3-lanes of the Gu-Uirsu (Uirsu).

Since there is a section of 70 km speed per hour, the defendant engaged in driving of the motor vehicle has a duty of care to safely drive the motor vehicle by complying with the speed limit.

Nevertheless, the defendant neglected this and proceeded with the speed exceeding 27.5 km per hour on the left side of the road to the right side of the road, and caused the victim E (38 38 ) who dried the crosswalk on the pedestrian red signal, to the front side of the defendant.

Ultimately, the Defendant suffered damage to the victim of less than 12 weeks of less than 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes on traffic accident reports, investigation reports (related to suspect stay images), diagnosis reports, and comprehensive traffic accident analysis and response reports;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspended sentence: The victim is negligent in the victim in the occurrence of an accident as he/she crosses the crosswalk without permission, which is favorable to the reasons for sentencing under Article 62 (1) of the Criminal Act;

(k) 0 unfavorable circumstances: The degree of injury to a victim is not light, and there is no agreement, and the victim has been punished four times for the same kind of crime;

In light of the Defendant’s age, environment, circumstances after the crime, etc., the sentence is determined as per the disposition.

arrow