beta
(영문) 서울중앙지방법원 2013.12.13 2013고단6878

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 became final and conclusive.

Reasons

Punishment of the crime

On August 14, 2013, at around 22:53, the Defendant driven a B Ponton car and proceeded at a speed of about 30 km at the speed of about 430 km in accordance with the three-lanes of the art hall, from the 3rd parallel of the Seoul Seocho-gu, as the distribution of Seocho-gu, the Defendant got off the 430-way side of the five-way side of the art hall at the direction of the art hall. Since there is an intersection where signal, etc. is installed on the front side of the road, the Defendant neglected the duty of care to safely drive the vehicle in accordance with the new title and prevent the accident in advance, and thereby, caused the victim’s injury to the road beyond the right side of the 44-day side of the Damba, which was driven by the victim C (44 years old) who was directly in the south part of the Seoul death distance from the south side of the terminal, and caused the victim’s injury to the road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement prepared by C;

1. Entry of the traffic accident report;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the reasons for sentencing as follows);

1. Scope of the recommended sentence according to the sentencing guidelines / [type] traffic crime group, general traffic accidents, injury by traffic accidents (type 1): Reduction element of punishment not exceeding 6 months (Scope of the recommended sentence] of imprisonment without prison labor;

2. Although the degree of injury of the victim is serious, the fact that the defendant does not want the punishment of the defendant by mutual consent with the victim, the vehicle operated by the defendant is covered by a comprehensive insurance, and the defendant.