beta
(영문) 대구지방법원 상주지원 2016.11.22 2016고단223

교통사고처리특례법위반등

Text

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

except that 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

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of Dunst-Pacific cargo vehicles.

Around 10:50 on February 3, 2016, the Defendant was driving the said vehicle, and the Defendant was driving on the front of the entrance of the filial village located at the lower end of the door-to-de in the Madon-si.

At the time, there is a ice section, and the central line was installed as a road of one-lane.

In such cases, all drivers of vehicles have a duty of care to pass the right side from the center of the road.

Nevertheless, the defendant is negligent in doing so.

The part on the left side of the front side of the Maritime Vehicle was received from the victim E(43 years old) driving beyond the central line, and the left side of the front side of the Maritime Vehicle.

Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as cutting down the foundation for the left-hand 16 weeks of medical treatment, etc.

2. The Defendant violated the Road Traffic Act at the time and place specified in the above paragraph (1) of this Article, and at the same time and place, damaged the property so that the amount equivalent to KRW 4,979,100, such as the front part of the wing and the front part of the vehicle owned by the victim F

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report, a actual condition survey report, and on-site photographs;

1. Application of Acts and subordinate statutes to a medical certificate or an investigation report (or an estimate of physical damage);

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 151 of the Road Traffic Act concerning criminal facts;

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

1. Selection of alternative imprisonment without prison labor;

1. The degree of injury of the victim under Article 62(1) of the Criminal Act is more severe, and that it is not agreed with the victim, but the defendant is the primary offender, and the central crime was inevitable due to the absence of the road at the time.