logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.03.14 2016고단4055
교통사고처리특례법위반(치상)등
Text

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

Reasons

Punishment of the crime

On June 3, 2015, the Defendant driven C rocketing car around 20:03 around 20:03, and led the crossing of the Nowon-gu Seoul Metropolitan Government Nowon-dong 15 to the intersection of the Nowon-gu Police Station around the Madon-dong 15.

At the time, there is an intersection where traffic control is conducted at night and there is no place. Thus, when a vehicle intends to enter an intersection where traffic control is not performed on a narrow road, it is necessary to yield the course to the vehicle, if there is such a vehicle, and if there is a vehicle, it is necessary to yield the course to the vehicle, and it is possible to enter the intersection first after arrival at the intersection in time.

Even if it is not possible to pass a road with a wide width prior to the vehicle that intends to enter the intersection, a person engaged in driving service has a duty of care to safely pass through the intersection after accurately grasping the road situation with a wide width.

Nevertheless, the two-wheeled vehicles were driven by the victim D ( South, 38 years old) due to the occupational negligence following the operation of the said vehicle due to the negligence of neglecting this, and the front part of the two-wheeled vehicles, which were driven by the victim D ( South, 38 years old).

As a result, the Defendant suffered injury to the victim, such as the left-hand fluorgization of flusium, which requires approximately 12 weeks of treatment, and at the same time damaged the above two-wheeled automobile in a way that it is worth KRW 1,015,00 for repair costs.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness F and D;

1. A survey report on actual conditions;

1. Application of written estimates and written diagnosis to Acts and subordinate statutes;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act concerning criminal facts;

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

1. Selection of sentence: The defendant shall be sufficiently at the time of entry into the intersection to determine the defendant's assertion of imprisonment without prison labor.

arrow