logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.11.25 2016고단3697
교통사고처리특례법위반(치상)
Text

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

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 15, 2016, the Defendant driven a bicycle on July 15, 2016, and driven a crosswalk in front of the D cafeteria C located in Ulsan-gu, Ulsan-gu, the Defendant proceeded from the direction of the ice station to the Shabbro.

Since there is a signal apparatus installed, a bicycle driver has a duty of care to drive safely according to the new code while driving a bicycle.

Nevertheless, the Defendant neglected this and proceeded at the crosswalk in front-side red signals, and the front part of the victim E (the age of 56) who entered the intersection in accordance with the straight line from the right side of the direction of the course was shocked by the left side.

Ultimately, due to the above occupational negligence of the defendant, the victim suffered from the body of the right satisfaction in need of treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Each written diagnosis;

1. Application of relevant Acts and subordinate statutes to each relevant photograph;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Recommendation [Determination of Sentencing] of the first type of traffic accident (the injury of a traffic accident): Reduction element of the first type (the injury of a traffic accident): Accident [the scope of recommendation] caused in the course of driving a bicycle: imprisonment without prison labor for one month or for eight months (the area of mitigation): In cases falling under the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the suspension of execution) (the suspension of execution of sentence and the violation of signals) / There is no ground for the suspension of execution - There is no ground for the comprehensive comparison and assessment - There is no reason for the suspension of execution - There is no reason for the main entry - there is no accident caused in the course of driving a bicycle (limited to the general traffic accident): In other cases falling under the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents: There is no clear social relation, serious reflectness, or criminal records for suspension of execution.

arrow