beta
(영문) 부산지방법원 2017.03.24 2017고단475

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

The defendant is a person who drives a cargo vehicle of C1 ton.

Around 06:10 on November 14, 2016, when the Defendant drives the above cargo vehicle at around 06:10, and proceeds about 76 km to the speed of 60 km from the air room of the Military Manpower Administration, along with the two-lanes in front of the Mat-gu, Busan, the Defendant had a duty of care to secure the view of the driver by reducing 20% more than the speed of the restriction, and safely operating the vehicle by complying with the signal.

Nevertheless, the Defendant was bound by approximately 28 km more than 48km speed, and the Defendant was negligent in occupational negligence in violation of signal signals and sustained injuries, such as d (n, 19 years old) who walked along the crosswalk from the right side of the Defendant’s proceeding to the left side, and the victim E (n, 18 years old) who was driven by the Defendant as the front part of the above cargo vehicle operated by the Defendant and the victim E (n, e.g., a duplic of the cuple of the cuple of the cuple of which the treatment period cannot be known, and the above E suffered from the injury, such as duplic of the duplic of the 12 weeks left-hand executive in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of E and D;

1. The actual investigation report on traffic accidents;

1. Photographs of an accident vehicle;

1. Requests for speed appraisal and response thereto;

1. Photographss by capturing a black stuffe image;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, proviso to Article 2, subparagraphs 1, 3 and 6 of Article 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The reason for sentencing of selective imprisonment without prison labor for sentencing;

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria (determination of types of crime) general traffic accidents.