beta
(영문) 수원지방법원 2018.12.12 2018고단5267

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

On July 14, 2018, the Defendant operated a B FD car on July 14, 2018, and proceeded with the national highway No. 44 near the 7th class of the class, which was in the limit of the north side of the Gangwon-do class.

At this point, a road bended by the one-lane of the one-lane where a yellow solid line is installed. In this case, a person engaged in driving of a motor vehicle has a duty of care to reduce speed, accurately operate the steering and brakes, thereby complying with and safely drive the motor vehicle.

Nevertheless, the Defendant neglected this and sustained the part of the victim C(52 3) driven by the victim C(52) who was driving in the opposite line due to the occupational negligence near the central line, from the part of the victim DK5 passenger vehicle to the part of the passenger vehicle in front of the Defendant’s car, and suffered the victim E(51 years old), the victim E (5 years old), who was the passenger vehicle, from approximately 8 weeks of medical treatment, in detail in the bottom of the river that requires approximately 5 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reports (1), (2) on traffic accidents;

1. On-site photographs;

1. Blue bbbbox images CDs for damaged vehicles;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, and Article 268 of the Criminal Act (a point on each business and an actual duty);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (Punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against E with the largest criminal situation);

1. Reasons for sentencing of an alternative imprisonment without prison labor [the scope of sentencing] the imprisonment without prison labor for a period of not less than one month and not more than five years [the scope of punishment recommended] and there is no person (the person subject to special sentencing for April to one year] in the basic area (the person subject to special sentencing for a traffic accident) (the decision of sentencing] (the decision of sentencing), the following circumstances, and the age, sex, environment of the defendant;