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(영문) 광주지방법원 목포지원 2014.11.24 2014고단1004

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 is engaged in driving of B Poter cargo vehicles.

On May 14, 2014, the Defendant driven the above cargo vehicle around 09:36, and continued to run the front road in front of the front-nam-gun C Housing in the face of the cancellation.

Since the center line of yellow solid lines is located in one lane as a one-lane, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle according to the passage on the right side of the center line.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded with the median line, the full EK7 vehicle part of the victim D(63 years old) driving, which was driven by the opposite side of the Defendant, was shocked with the front part of the freight of the Defendant driving.

The Defendant, by occupational negligence, caused the victim to suffer injury, such as the closure and diversification of a sloping frame, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (related to black boxes and images);

1. A survey report on the actual condition of a traffic accident, and on-site photographs of a traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate of damage (Evidence No. 28 pages);

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crime: Injury of traffic accidents resulting from ordinary traffic accidents;

2. Determination of the scope of sentence: Reduction area, range to six months (a person who is subject to special mitigation: a person not subject to punishment);

3. Although the defendant's negligence is not minor as to the decision of sentence or suspension of execution, it has the power to recognize and reflect his mistake, to agree with the victim, to subscribe to motor vehicle comprehensive insurance, and to criminal punishment since 2002.