logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 해남지원 2015.08.27 2015고단262
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 the driver of a cargo vehicle B ton.

At around 17:50 on May 18, 2015, the Defendant directed the intersection of the calculation distance on the ground from the direction of the sea-Eup to the direction of the end of the ground.

At that time, the intersection had a duty of care to safely operate the vehicle in accordance with the prescribed signals and prevent the accident by safely operating the vehicle.

Nevertheless, the Defendant neglected this and met the part of the victim C(E, 71 years old)'s front back part of the D vehicle in the direction of the elementary school to calculate the intersection at the time when it was due to the negligence of entering the red signal. In addition, the victim C(E, 71 years old)'s top back part of the D vehicle was shocked as the front part of the vehicle.

The Defendant suffered injury to the victim, such as a freshing 6, 7 times in the 12 week period of treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to the actual investigation report on traffic accidents and the report on occurrence of traffic accidents;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending sentence] for the sentencing of Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing] traffic accidents in general traffic accidents [the scope of recommending sentence] [the person subject to special mitigation] who is not subject to punishment [the person subject to special mitigation] [the decision of sentencing] agreed with the victim by the defendant, there is no special criminal record other than the previous conviction of fine, the defendant supports his children, and the defendant supports his children, and the sentence is ordered as ordered, taking into account the defendant's age, character and behavior and environment, motive, means and consequence of the crime, circumstances after the crime, etc.

arrow