beta
(영문) 대전지방법원 서산지원 2015.03.19 2015고단28

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives Bone Star Co., Ltd.

At around 17:20 on October 25, 2014, the Defendant driven the above van and proceeded at a speed of about 60 km from the west Sea-Si, Seosan Island to the west from the west Sea-Si, Seosan Island.

At this point, there is a center line of yellow solid lines, so a person engaged in the driving of a motor vehicle has a duty of care to thoroughly operate the motor vehicle in the front line and to safely operate the motor vehicle.

Nevertheless, the Defendant neglected this and got off the front side of the cargo vehicle of the victim C(77 years of age) and the front side of the cargo vehicle of the victim C(77 years of age) that normally proceeds from the opposite line due to the negligence going beyond the central line.

As a result, the Defendant suffered, by such occupational negligence, the injury to the victim C, such as a fladying flady, etc. under the flady incula, which had no head open for about 8 weeks of treatment, and the injury to the victim E (the age of 75) who was accompanied by the damaged vehicle for about 16 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. Photographss related to traffic accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

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

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents of Type I (1-6 months) (Special Mitigation) (including efforts to recover from traffic accidents), the area of mitigation (1-6 months), the area of punishment not (including serious efforts to recover from damage) / [decision of sentence] the fact that the defendant committed a serious injury to the victims by breaking the central line due to the negligence that the defendant has driven close by driving, is disadvantageous to the defendant, and the vehicle operated by the defendant is comprehensive insurance.