beta
(영문) 수원지방법원 2015.11.19 2015고단3847

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 driving service of BCA110B.

At around 15:25 on July 2, 2015, the Defendant driven the above Oralba, which led to the sudden distance in front of the DNA set in Suwon-si C, Suwon-si, which led directly to the elevation of the right shooting distance from the celebalian curriculum from the celeba to the celebast of the right shooting distance.

At this point, the intersection with signal apparatus is an intersection and the center line of yellow-ray is installed, so in such a case, the person engaged in the driving of motor vehicles has a duty of care to prevent accidents from occurring due to signals and to prevent traffic on the right side of the road.

Nevertheless, the Defendant neglected the stop signal and obstructed the center line by driving, and shocked the body part of the victim E (58 years old) who crosses the direction from D.C. to D. E (58 years old) to the crosswalks according to the signal of the Maar-on by the Maar-on walking, and caused the victim to go beyond the road.

Ultimately, the Defendant caused injury to the victim by occupational negligence, such as mination of the left-hand fluoral executives in need of treatment for about 10 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A survey report on the actual condition (1) and a survey report on the actual condition (2);

1. Photographss related to each traffic accident;

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

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

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

1. Reasons for sentencing in Article 62-2 of the Criminal Act on community service and order to attend a lecture [the scope of recommendation] general traffic accident category 1 (the injury caused by traffic accidents) (the person who is specially mitigated) basic area (the person who is specially mitigated) / In a case where illegality in the proviso of Article 3(2) of the Act on Special Accounts (the decision of the Central Line and the violation of signal) is serious (the decision of the sentence), together with the circumstances presented as the above special mitigation (the decision of the sentence), the defendant is against himself, the defendant is subscribed to liability insurance.