beta
(영문) 의정부지방법원 고양지원 2016.09.07 2015고단2065

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

On May 30, 2015, the Defendant driven a B Eph car without obtaining a driver's license on a motor vehicle on May 11:42, 2015, and proceeded from the intersection to the intersection in the middle of the three-lanes near the metropolitan metropolitan cycle Highway to the intersection in the middle of the intersection. The Defendant changed the course to the four-lanes.

As such, when changing the vehicle line, a person engaged in driving a motor vehicle, etc. has a duty of care to safely change the vehicle line by properly examining the progress of the vehicle that proceeds from the same direction from the vehicle line to give notice of change of course by operating a direction, etc.

그럼에도 불구하고 피고인은 이를 게을리한 채 그대로 우측으로 차선을 변경한 과실로 마침 동일 방향에서 4차로를 따라 진행하던 피해자 C(40세)이 운전하는 D 그랜저 승용차의 좌측 뒤 문짝 부분을 피고인이 운전하던 마티즈 승용차의 우측 앞 휀다 부분으로 들이받고, 그 충격으로 위 그랜저 승용차가 튕겨져 나가 도로변에 설치된 피해자 한국도로공사가 관리하는 충격흡수장치를 들이받게 하였다.

Ultimately, the Defendant suffered injury to the victim C, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to the above occupational negligence, and at the same time, destroyed the shock absorption devices managed by the Korea Expressway Corporation to the extent that the market price owned by the victim C is scrapped, as well as 4,510,000 won for repairing the shock absorption devices managed by the victim C.

Summary of Evidence

1. Statement of the police statement regarding C;

1. A traffic accident report;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to a certificate of diagnosis, estimate, and certificate of cancellation of registration;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, Articles 43 and 151 of the Road Traffic Act;

1. The Criminal Act for the ordinary concurrences and the choice of punishment;