beta
(영문) 인천지방법원 2017.01.19 2016고단7191

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

The Defendant is also a person who is engaged in driving a cargo vehicle.

On March 3, 2016, the Defendant driven the above cargo vehicle around 06:36, and proceeded at a speed of about 50 km from the3-lane to the Incheon Sports High School, depending on the one-lane distance from the direction of the Incheon Seo-gu D Construction Site.

In this case, the driver of the vehicle has a duty of care to live well on the right and the right and the right of the driver of the vehicle and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and caused the victims E (58) crossing the road on the median line after having gone through contact work on the median line, to go beyond the road on the left side of the freight of the Defendant.

Ultimately, the Defendant suffered injury, such as cerebral brain damage and mathy due to cerebral cerebral dysty that could not be known to the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A criminal investigation report (in-depth investigation);

1. Results of traffic accident analysis;

1. Written opinion, and medical certificate;

1. Application of Acts and subordinate statutes to each on-site photographs and photographs of vehicles;

1. The reason for sentencing under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268(Selection of Imprisonment without prison labor) of the Criminal Act is the first offender who has no criminal history, the harming vehicles are covered by comprehensive insurance, and since the harming vehicles are engaged in the construction work near the site of the instant traffic accident, the harming the driver of the vehicle at the same place could have prevented the occurrence of the traffic accident by informing the driver of the vehicle that he/she had been passing of the construction work, and the mistake of the victim who did not take appropriate guidance or warning measures against the victim that did not proceed to that place is also the cause of the occurrence or serious result of the instant traffic accident, and the defendant deposited a part of the