beta
(영문) 대전지방법원 서산지원 2013.10.17 2013고단205

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving Cunst Motor Vehicle.

On August 25, 2011, the Defendant driven the said car at a speed of about 5-10km from the Myeoncheon to the Myeoncheon-gun, Chungcheongnam-do, Myeoncheon-do, by driving it on August 14, 2011, and turn to the left at a speed of about 5-10km from the Myeoncheon-gun to the Myeoncheon-gun.

At that time, since it is a three-distance intersection, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle safely by thoroughly keeping the front door and the left door.

Nevertheless, the defendant neglected this and caused the victim to go beyond the floor by receiving a part of the left-hand side of the victim D (Nam, 81) driving in the opposite direction due to the negligence of left-hand turn from the defendant's vehicle.

Ultimately, the Defendant suffered from the victim’s serious injury, such as the decline in recognition function and pedestrian disability after the blood transfusion in the two mouth due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Comprehensive analysis of traffic accidents;

1. A traffic accident appraisal report;

1. Application of Acts and subordinate statutes of an investigation report;

1. Although there are circumstances in which the Defendant mistakenly recognized the facts constituting an offense, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and Article 268 of the Criminal Act, and some of the insurance proceeds have been paid, the Defendant was not making any effort to compensate for damage in the instant case where the victim suffered serious injury and did not commit a serious death to the victims.

Therefore, the victims' family members want to punish severe punishment, and considering this, the sentence of punishment to the defendant is imposed, but the court does not keep the custody in order to give the opportunity to agree in the appellate court.