beta
(영문) 수원지방법원 평택지원 2015.02.06 2014고단1814

교통사고처리특례법위반

Text

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

except that 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 engaged in the business of driving Bmer truck truck truck trucks.

On September 19, 2014, at around 12:05, the Defendant proceeded two-lanes on the 39-lane national highways from the Cheongbuk-do to the inside of the Cheongbuk-do.

Since a crosswalk with signal apparatus is installed, the driver has a duty of care to safely proceed in accordance with the new code.

Nevertheless, the Defendant neglected this and neglected to change the course signal to the red signal through yellow signal, and neglected to change the course to the left side of the vehicle, and caused the victim C(55 years old) to take the rear part of the left side of the vehicle of the driver C(55 years old) to the right side of the vehicle of the main truck, and caused the victim to face the head on the inside structure of the vehicle of the truck. Accordingly, the Defendant got the victim D(55 years old) (the 55 years old), which was designed to remove the vehicle from the crosswalk, to the right side of the vehicle of the main truck.

Ultimately, the Defendant suffered from the injury of the victim C, such as the removal of the body, bridges, etc. requiring approximately 2 weeks of medical treatment to the victim C due to the above occupational negligence, and the 16 weeks of medical treatment to the victim D, including the removal of the body, bridges, bones, etc. of the right bridge.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual survey report and the occurrence of traffic accidents;

1. Each written diagnosis;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (booms analysis);

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The defendant's reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence are that the defendant caused the instant traffic accident by negligence that caused the victim D to commit a traffic accident. However, the defendant's injury is disadvantageous to the defendant.