beta
(영문) 대전지방법원 논산지원 2018.05.15 2018고단58

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 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 a rocketing car.

On August 5, 2017, the Defendant driven the above rocketing car at around 10:06, while driving it, the Defendant continued to drive the rocketing car at around 10:06, and, at the same time, the front of the D, which is located in Chungcheongnam-gun C, to proceed to the west from the boundary of the sports complex where it is granted.

The location is an intersection without signal lights, and the restricted speed is 40 km/h place, there was a duty of care to observe the restricted speed for those engaged in driving duties, to live well before and after, and after, the right and the right of the driver, to accurately manipulate the steering direction and the brake system, to prevent accidents in advance.

Nevertheless, the Defendant neglected this and proceeded with approximately approximately 31.7km/h of speed exceeding 71.7km/h of speed, thereby running from the right side of the Defendant’s running direction to the right side of the road to the right side of the victim E (the fC125 Obama) driving on the left side of the victim E (the 52-year-old driving). The Defendant shocked the left side of the driving to the right side of the driver’s operation.

Ultimately, the Defendant suffered injury to the victim, due to the above occupational negligence, such as T 11 and T 12, in which approximately 16 weeks of treatment is required, such as the mouth, closure, and uncertainty of the lower part of the body above the T 12, and in which the body part above the body part below the body of the knife, closure, loss and knife of fingers, and other damage of the inner personality and power lines, the heat and the body part above the body of the knife and the body of the knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (short traffic) made by the police to E;

1. Medical certificates or replies to requests for severe injury;

1. Application of the regulations on the report on the occurrence of traffic accidents, the actual survey report and photographs, and the analysis and answer of traffic accidents;

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

1. Selection of imprisonment without prison labor (majorly, by the negligence of the defendant, and the degree of injury of the victim);

1.Paragraph 1 of Article 62 of the Criminal Code (the initial crime, the agreement, the agreement).