beta
(영문) 서울북부지방법원 2018.06.05 2018고단431

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of 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 K5 si.

On September 24, 2017, the Defendant driven the above car at around 00:58, and proceeded at a 37-lane in Yongsan-gu Seoul, Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul, with a view to an insurgical speed, at the end of the front door of the river.

However, since there is a center line, there was a duty of care for those engaged in driving service to safely operate the center line and not to intrude the center line.

Nevertheless, the Defendant did not avoid the victim C (WW car 23 years old) driving due to the negligence of the central line, and did not avoid the victim C (WW car 23 years old) driving, and received the front part of the said BM car as the front part of the 5-si driving by the Defendant.

As a result, the Defendant suffered from the victim C’s occupational negligence, such as “the left-hand kne-free kne-out kne-out kne-out kne-out kne-out kne-out,” and suffered from the victim E (the 23 years old), a passenger of the BMW car, and the victim F F (the 29 years old) who is a passenger of K5-si, about two weeks of treatment.”

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident of C and F;

1. E statements;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of accident video CD-related Acts and subordinate statutes

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

1. Article 40 and Article 50 of the Criminal Act, the selection of a punishment without prison labor, and the selection of a punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The negligence of causing a traffic accident by breaking the central line of reasons for sentencing under Article 62(1) of the Criminal Act is serious, and the victim C is not easy to suffer injury.

Nevertheless, the defendant has no choice but to recover damage.