beta
(영문) 서울동부지방법원 2020.10.13 2020고단2430

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for four 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 engaging in driving a benz car.

On June 16, 2020, the defendant operated the above car at a speed of 00:44, and moved to the left at a speed below the speed of the Si-speed, depending on the two-lane left turn turn from the two-lanes of the 4-lane, which is located in the 552-lane Asan-ro, Seoul Special Metropolitan City.

At the time, it was at night, and there was a ten-lane crossing from which the color signal apparatus was installed, so in such a case, there was a duty of care to look at the front side and the right and the right of the driver of the motor vehicle well and to prevent the accident by driving the motor vehicle safely according to the new code.

Nevertheless, while neglecting this, the defendant neglected to turn to the left on the green signal of the front side and went through the intersection by going directly from the side of the Agsan Station street to the intersection in accordance with the normal straight distance signal from the opposite direction of the defendant, according to the normal straight distance signal of the defendant, the part of the victim's driving DK3 of the victim C(Seoul, 21 years old) who passed the intersection was in front of the right side of the passenger car of the defendant.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim C and the victim E (ma, 21 years old) who was accompanied by approximately 2 weeks of injury to the victim F (F) who was accompanied by the damaged passenger car, such as salt, tension, etc. in the rash that requires approximately 8 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Statement of the occurrence of each traffic accident against C, E, and F;

1. Each written diagnosis;

1. Application of photographic Acts and subordinate statutes by cutting booms, video CDs and caps;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: the victim.