beta
(영문) 서울동부지방법원 2015.07.22 2015고단1253

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for four 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 is a person who is engaged in driving of C pay-3 cargo vehicles.

On March 14, 2015, the Defendant driven the above cargo vehicle around 09:10, and tried to turn to the left at the seat of the rocks-dong from the high-speed side of the high-speed 27-ro of Gangdong-gu Seoul Metropolitan Government.

Since the traffic control by signal apparatus is permitted and the left-hand turn is permitted, there was a duty of care to prevent accidents by observing green signals and safely turn to the left.

Nevertheless, the Defendant neglected this and failed to discover the bicycles driven by the victim D(75) who was driving at the Han River and the Han River Water Site near the Han River Water Zone in the high-speed area of the crosswalk by negligence in violation of the red signal signal and failed to turn left, and the Defendant shocked the front part of the bicycle driven by the victim on the left side of the freight vehicle driven by the Defendant.

Accordingly, the Defendant suffered injury to the victim, such as the left-hand flaging on the left-hand side in need of medical treatment for about 16 weeks due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. A traffic accident report (1) (1) and a traffic accident report (2) (2).

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommendation] is the area where mitigation of traffic accidents (one to six months) is mitigated (special mitigation) (one to one month). In a case where the victim was at considerable negligence in the occurrence of traffic accidents or the expansion of damage (the decision of sentence], the defendant committed an accident in violation of the signal.