beta
(영문) 대구지방법원 2018.05.17 2018고단917

교통사고처리특례법위반(치상)

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bsch Rexton car.

On January 15, 2018, the Defendant driven the above car at around 09:10, and proceeded with the road of 25 North Daegu-gu, Daegu-gu, Daegu-ro, Daegu-ro, the 25-lane, in order to proceed to the opposite line, while driving the said car at around 09:10.

Since there is a place where the center line of yellow domin line is installed, a person engaged in driving motor vehicles has a duty of care to safely drive motor vehicles without breaking the center line of yellow domin line at the place where the internship is permitted.

Nevertheless, the Defendant neglected this and got the front part of the motor device bicycle driven by the victim C (75 tax) (75) who was driving along one lane in the opposite direction due to the negligence of the central line, as it is, the Defendant got the front part of the said car.

Defendant 1 suffered brain ties in need of approximately 12 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Field photographs, etc.;

1. A investigation report (fix CCTVs in neighboring commercial buildings) and a photograph of capturing CCTV images (five pages);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Standard for sentencing of the grounds for sentencing under Article 62-2(1) of the Criminal Act of the Order to Attend a lecture [the scope of recommending punishment] The sentence of the general traffic accident (one month to eight months) shall be determined by comprehensively taking into account the following circumstances: (a) the sentence of the sentence under which the sentence of the sentence is not imposed (including a person who has been specially mitigated), and (b) the sentence of the sentence under which the sentence is not imposed (including a serious effort to recover damage), and other conditions of the sentence indicated in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime.

- The degree of injury of the victim is severe -