beta
(영문) 대전지방법원 천안지원 2018.05.04 2018고단180

교통사고처리특례법위반(치상)

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter Cargo Vehicles.

On November 22, 2017, the Defendant, at around 17:40, proceeded along the three-lanes from the border distance to the intersection of the official-based private welfare distance, in front of the official-based shooting distance, in a city of Asan on behalf of the official-based city, along the three-lanes of the road.

Since there is an intersection where a signal apparatus is installed, in such a case, there was a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to observe the signal and to operate the steering and steering system accurately.

However, the Defendant neglected this and neglected to turn to the left from the right side of the Defendant’s moving direction to the right side of the Defendant’s moving, which the victim C(73 tax) driven by the victim C(73) who was going to the left in accordance with the new subparagraph, received the front part of the left side of the sports cargo vehicle from the Defendant’s moving to the right side of the Defendant’s car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as blood transfusion, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents and reports on the occurrence of traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the scene of an accident, the skin, and the shock of damaged vehicles;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] general traffic accidents, types 1 (Bodily Injury resulting from Traffic Accidents) (the scope of recommended punishment], the basic area of the recommended punishment, and not less than four months but not more than one year;

2. The sentenced Defendant caused a traffic accident by negligence in violation of the signal and sustained injury to the victim.

The scale of the accident and the degree of injury suffered by the victim shall not be negligible.

(b).