beta
(영문) 창원지방법원 2016.07.08 2016고단972

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bran vehicle.

On February 13, 2016, the Defendant driven the above car at around 00:25, and led to the left-hand turn from the side of the apartment house to the southsan Terminal, where the Defendant was in the Pari-gu, Sungwon-si, Sungwon-si, Pari-si.

Since there is an intersection where traffic is controlled by signal, etc., in such a case, the defendant neglected his duty of care to drive the vehicle safely in accordance with the signals such as signal, but the defendant neglected to do so and neglected to do so and neglected to turn left the right at the distance from the right edge of the road to the right edge of the victim C(58 S) driving or the front part of the driver's vehicle of the victim C(58 SS) driving or the front part of the driver's vehicle in front of the defendant's driver's vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, the injury of flags, etc. due to the damage of light water between 3-4 times in the year of light water that requires at least 12 weeks of medical treatment to the above C, and the injury of flags, tensions, tensions, etc. that require approximately two weeks of medical treatment to the victim E (the victim E, who is the passenger of the above taxi) who is the passenger of the above taxi.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report, a traffic accident site photograph, and black stuff images;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes regarding serious injury;

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

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general traffic accidents: The basic area (4 months to 10 months) (the person subject to special sentencing] (the person subject to special sentencing] of the basic area (the person subject to special sentencing: the person subject to mitigation) of the punishment is not subject to punishment;

2. The defendant who is sentenced to criminal punishment is negligent in the performance of duties such as recording criminal facts; and