beta
(영문) 대전지방법원 2017.10.17 2017고단2261

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a math truck.

On August 23, 2016, the Defendant driven the above cargo vehicles around 09:30, and proceeded at a speed of about 70 kilometers per hour on the two-lanes from Daejeon to the tent, along the two-lanes of the two-lanes.

In such cases, a person engaged in driving service has a duty of care to safely drive along the vehicle line by accurately operating the steering gear and steering gear.

Nevertheless, due to the negligence of neglecting this, the lower part of the G-wing and cargo cars parked on the side of the road for the first work on the side of the road in order to display caution on the left side and on the two-lanes above the left side of the road.

그 충격으로 인하여 쏘렌 토 승용차가 앞으로 밀려 튕겨 져 나가면서 갓길에서 제초작업 현장 사진을 찍고 있던 피해자 H( 남, 54세 )를 충격하였다.

As a result, the Defendant caused the victim to suffer from the decline in consciousness due to the exposure to an unexplosion of an unexploited trauma, the injury of an unexploited brain, physical disability, reflector, and loss in sight, and caused the victim to suffer an unexploited or incurable disease.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with H and I;

1. Medical certificate (H);

1. Requests for the report of a traffic accident and for the analysis of a traffic accident;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from the wife of the victim H)

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 4 (1) 2, Article 268 of the Criminal Act concerning the settlement of traffic accidents at the option of punishment, and Article 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended sentence] is the basic area (from April to one year) of the type of general traffic accident (the injury caused by traffic accidents).