beta
(영문) 대전지방법원 2013.11.01 2013고단2703

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 who is engaged in driving a rocketing car.

On February 25, 2013, the Defendant driven the above car at around 01:05, and driven the three-lane road in front of the Magndong, Seo-gu, Daejeon, Seo-gu, Seo-gu, Seo-gu, with one-lane distance from the nesnese-gol distance, and proceeded at about 60km per hour according to one-lane distance.

At the time, there was a duty of care to prevent accidents due to the fact that at night and at the vicinity of the intersection where signals are installed, the driver of the motor vehicle had a duty of care to live well in the front left and to safely operate the motor vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and caused injury to the victim D(50 years old) driving on the left-hand side of the victim D(50) who is driving on the left-hand side of the said rocketing taxi due to normal signal due to the negligence in violation of the stop signal and the progress of the stop signal, and received the front-hand side of the said rocketing and other automobiles from the right-hand side of the said rocketing and other automobiles, and suffered injury to the victim D, such as cerebral cerebrovascular, etc. under the anti-cerebrovascular in need of medical treatment for not less than 20 weeks, and to the victim F(F, 25 years old), who is a taxi passenger, for about three weeks of non-existent treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police officer's statement to G or F, a traffic accident investigation report, an actual situation investigation report, a traffic accident comprehensive analysis report, and an investigation report (written request for speed appraisal);

1. Each medical certificate, or each medical record duplicate certificate;

1. Application of each statute on photographs;

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. Selection of a sentence of imprisonment without prison labor, which is prescribed in Articles 40 and 50 of the Criminal Act (Punishment prescribed in the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with more severe punishment)

1. Although the result of the instant accident in the reason of sentencing under Article 62(1) of the Criminal Act is serious, the instant case is serious.