beta
(영문) 인천지방법원 2013.05.30 2013고단966

교통사고처리특례법위반등

Text

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

except that the execution of the above punishment shall be suspended for two years 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 B car truck.

The Defendant driven the above truck around 11:00 on December 26, 2012, and proceeded five lanes 1305 in order to the new flag market in the south-gu, Incheon along the three-lane distance from the gramocs of literature to the new flag market.

A person engaged in driving service has a duty of care to accurately operate the steering direction and brake system and to safely check the steering direction and the right and the right and the right.

Nevertheless, the Defendant, by negligence, found that the victim C (the age of 56) who was in the atmosphere of the signal signal at the front bank of the front bank, was able to immediately fluorize and drive the Dogland, but did not stop, and received the rear parts of the Defendant’s driver’s vehicle as the front parts of the said truck.

The Defendant, due to the above occupational negligence, thereby causing injury to the victim to the right shoulder part of the right shoulder, which requires approximately four weeks of medical treatment, and at the same time, damaged the above knife to the sum of 3,017,196 won, including the exchange of back flicks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Reports on traffic accidents, on-site and vehicle photographs;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Where the relevant legal provisions governing the crime is applied: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act: Article 151 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment on Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents Whose Punishment is More severe);

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the fact that the defendant has not been sentenced to imprisonment without prison labor or any heavier punishment for the latest several years, or that he reflects the wrongness);