logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.11.23 2017고단4510
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 of Bone Star Co., Ltd.

On September 5, 2017, the Defendant driven the above van on around 04:10, while driving the vehicle, the Defendant suffered from the victim C (78 years old) who passed the crosswalk to the port from the right side of the Defendant due to the occupational negligence that violated the stop signal while driving on the two-lanes of the 21st hospital located in the Seo-gu, Seo-gu, Seo-gu, Gwangju at the seat of the Office of Education, along the direction of the 21-lane, along the two-lanes of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. A written initial action at the scene of a traffic accident;

1. A survey report on actual conditions;

1. Photographs photographs, such as the scene of the traffic accident;

1. A signal system;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (traffic signal systems);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for an order to attend a lecture are heavy in light of the fact that the defendant violated the suspension signal causing a traffic accident on the crosswalk and the degree of the victim's injury is not easy.

However, considering that the defendant reflects the crime, the vehicle of the defendant's driving is covered by a comprehensive insurance, the victim's written agreement was submitted after the conclusion of pleadings, and the defendant's punishment was not wanted, the crime of violation of the Punishment of Violences, etc. Act on July 1987, the fine of KRW 100,000,000,000,000, and the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents around January 1, 1988, which was sentenced to imprisonment without prison labor for not less than two years and has no record of crime until now, the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, and other circumstances after the crime are considered.

arrow