logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.04.07 2016고단35
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 who is engaged in driving a small-type taxi B.

On December 23, 2015, the Defendant driven the above vehicle at around 02:10 on December 23, 2015, and neglected to drive the front road of Yeongdeungpo-gu Seoul Metropolitan Government Seoul Metropolitan City from the station of the new wind, and did not find out the victim D (22 ) who walked along the crosswalk from the right side of the proceeding due to the occupational negligence, and was faced with the victim's bridge by the front part of the Defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting down the flapsing on the right, which requires approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A medical certificate;

1. A traffic accident report;

1. Application of Acts and subordinate statutes on traffic accident-related photographs;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

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

1. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria shall be limited to the range of general traffic accidents (the scope of the recommended punishment] and the scope of the mitigated punishment (one to six months) (including the person who has been specially mitigated).

2. Determination of sentence: The sentence shall be determined within the scope of the recommended sentence, taking into account the following circumstances: six months of imprisonment without prison labor, one year of suspended execution, the fact that the defendant suffered a victim while standing on the crosswalk, etc.; there is no criminal conviction exceeding the fine of the defendant; there is no agreement between the victim and the defendant; the fact that the vehicle driven by the defendant is covered by the comprehensive insurance; the fact that the vehicle driven by the defendant is covered by the comprehensive insurance; and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, sexual behavior and environment

It is so decided as per Disposition for the above reasons.

arrow