beta
(영문) 인천지방법원 2016.01.14 2015고단6850

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for a period of 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 the operation of a DNA passenger car.

On October 9, 2015, the Defendant driven the above car at around 05:27, and made the front road to turn to the left at the seat of Incheon High School as the front road located in Nam-gu Incheon Metropolitan City, Nam-gu.

At the time, night and its location are installed at crosswalks, so a person engaged in driving duties of a motor vehicle has a duty of care to safely drive the front door and the right and the right of the motor vehicle.

Nevertheless, when the defendant neglected this and proceeded as it was due to the occupational negligence of the defendant, he received the victim G (the age of 80) who was standing on the left-hand side from the right-hand side of the defendant living together with the front-hand part of the vehicle driven by the defendant.

Ultimately, the Defendant suffered injury to the victim by the above occupational negligence, such as the 12 weeks of medical treatment of the victim, such as the rashing of the inside and outside of the side of the 12 week.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. Application of statutes on site photographs;

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 a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the order to attend a lecture [the type of determination] No. 1 [the person subject to special sentencing] of the ordinary traffic accident [the person subject to special sentencing] - [including efforts to recover damage] / [the scope of recommendation] mitigation area / [the scope of recommendation] January to June / [the scope of recommendation] mitigation area / half of the year [the person subject to general sentencing] - half of the subscription of the comprehensive motor vehicle insurance - In case where there is serious injury not being injured among the aggravated factors / Article 3(2) proviso of the Act of the Special Education [the scope of punishment] applicable to the case falling under the proviso of Article 3(1) of the Act of the Special Education [the scope of punishment]: statutory penalty under Article 3(1) of the Special Education Act: