logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.11.12 2015고단3306
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 16:55 on August 28, 2015, driving a B rocketing business taxi and proceeding the front road located in Dobong-gu Seoul Metropolitan Government C from the school distance protection area to the friendly moving-out protection area.

The part of the front side of the E Otoba, which had been normally proceeded according to the opposite lane, due to the occupational negligence of the Central Line, was affected by the injury of the victim F (the 19-year-old driver) who is the driver of the said Otoba, for about 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A copy of the F statement;

1. A traffic accident report (1) (2) (actual survey report);

1. Application of Acts and subordinate statutes to medical certificates;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts; Article 268 of the Criminal Act; Selection of imprisonment without labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the scope of recommendation] of the general traffic accident category 1 (the injury of traffic accidents) and no basic area (the person who is a special person) / [the decision of sentence] / the defendant has inflicted serious injury on the victim due to negligence committed by the central line. The defendant's responsibility for the crime of this case is nonexistent, and the victim is filing a petition for the severe punishment of the defendant.

However, considering favorable circumstances, such as the fact that the defendant recognized his mistake, the fact that the above taxi of the defendant was admitted to the Financial Cooperative, the fact that the defendant was admitted to the above taxi of the defendant, the fact that the defendant had no record of being punished as a principal offender, etc., the punishment shall be determined as ordered by the order, comprehensively taking into account all the sentencing factors prescribed by Article 51 of the Criminal Act, such as the circumstances of the crime in this case, the circumstances after the crime

arrow