beta
(영문) 대전지방법원 천안지원 2016.12.27 2016고단1964

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

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

Reasons

Punishment of the crime

The Defendant is a person who drives a vehicle for the use of the B rocketing.

On August 5, 2016, the Defendant driven the above vehicle on August 18:20, 2016, and proceeded to turn to the left at the right angle of the 2353 red ginseng distance from the direction of the astronomical City in the astronomical City, Seo-gu, Seoan-gu, Seongbuk-gu.

Since the location is where a signal, etc. is installed, the defendant who is engaged in driving a motor vehicle has a duty of care to check whether there is a vehicle driving the motor vehicle before entering the intersection or at a reduced speed, and to safely proceed in accordance with the signals.

Nevertheless, the defendant neglected this and received the front part of the Oral Sea that the victim C(75 years of age) driven by the victim C (75 years of age) who was going straight to the right side of the foregoing vehicle from the right side of the foregoing vehicle by negligence in violation of the red signal and got the victim to go beyond the floor.

As a result, the defendant suffered from the above victim's negligence on the part of the left-hand side in need of approximately 10 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement made to D, E, and F;

1. C’s statement;

1. A copy of a medical certificate;

1. A report on traffic accidents and a report on actual condition;

1. An accident site photograph;

1. Application of Acts and subordinate statutes to a copy of signal apparatus operating ledger;

1. Article 3 (1) and (2) (proviso) 1 of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] is the case in light of the result of damage (including a serious effort to recover from traffic accidents) in the area of mitigation (one to eight months) of the area of mitigation (including special mitigation) of traffic accidents (including a serious effort to recover from traffic accidents) [the decision of sentence]. However, it is agreed with the victim only smoothly, the fact that there is no criminal history of the same kind, and it is against the victim.