beta
(영문) 의정부지방법원 2014.05.13 2014고단252

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

Criminal facts

On December 8, 2013, the Defendant is a person who is engaged in driving of BP-free cars, and around 07:40 on December 8, 2013, the Defendant was driving the said car and driving it on the road in front of the golf driving range for the “Yesan-ri 501-1” at the southyang-ri city.

At this point, there was a center line of yellow solid lines, so in such a case, a person engaged in driving motor vehicles has a duty of care to safely proceed to the right side of the center line.

However, the Defendant neglected the above duty of care and entered the road in the opposite direction, and led the victim C(52 years of age) who was normally driven by the government in Seoul, the front part of the Drewing Motor Vehicle operated by the victim C(52 years of age) in the front part of the Defendant's car.

The Defendant suffered injury to the victim, by negligence in the above business, such as a pelle between 12 weeks of medical treatment, and a pelle, etc.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. Application of traffic accident reports, on-site photographs-related Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (Scope of Recommendation) in the area of mitigation [special mitigation] in the area of mitigation (agreement with a victim] in types of general traffic accidents from January to June 1, 200] in the suspended sentence, six months without prison labor, and one year of suspended sentence;