beta
(영문) 서울북부지방법원 2016.12.15 2016고단4134

교통사고처리특례법위반(치상)

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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of B rocketing taxi.

On August 17, 2016, the Defendant driven the above vehicle on August 17, 2016, and got three-lanes in front of the D cafeteria C located in Gangnam-gu Seoul Metropolitan Government to turn to the left while driving along two-lanes from the street of the mine to the similar distance.

At the same time, the front door is a private-distance intersection where signal lights are installed, so the driver of the motor vehicle had a duty of care to look at the front door and the left and right of the motor vehicle, and to safely drive the motor vehicle according to the traffic signal, thereby preventing the accident from occurring.

Nevertheless, the Defendant neglected this and neglected to turn to the left in the straight line while the vehicle signal, etc. was left in violation of the signal, and received the front part of the Defendant’s vehicle left ahead of the left side by the victim E (the age of 29) driven by the victim E (the age of 29) who was driving at the first lane in the same direction as that of the crime.

Ultimately, the Defendant, by negligence in the above business, sustained an injury to the victim, such as an open room in which many parts of the right arms in need of treatment for about five weeks are invaded.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The report on traffic accident (the actual survey report);

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service and Criminal Act: The defendant's negligence in violation of the signal causing injury to the victim who driven in violation of the signal for about five weeks, and circumstances favorable to the point that it does not reach an agreement with the victim: The defendant is against the recognition of the crime of this case, the vehicle of this case is insured by the Financial Cooperative, and the age, character and conduct, environment, and crime of the defendant.