beta
(영문) 수원지방법원 2019.01.15 2018고단4624

교통사고처리특례법위반(치상)

Text

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

Reasons

Criminal facts

[Criminal Power] On December 16, 2014, the Defendant was sentenced to imprisonment for two years with labor for similar rape in the Suwon District Court, and on September 20, 2016, the Defendant completed the execution of the sentence in the Incheon Prison.

【Criminal Facts】

The defendant is a person who is engaged in driving a two-wheeled vehicle.

On June 1, 2018, around 19:35, the Defendant driven the two-wheeled vehicle to turn to the left, from the right-hand surface of the E-ownership station to the E-ownership station.

Since there is a cross-section where the traffic of other vehicles is frequent, in such cases, the driver of the vehicle has a duty of care to check whether there is a vehicle entering the intersection by checking well the right and the right of the way and the right and the right of the vehicle, and to safely drive the vehicle according to the new subparagraph.

Nevertheless, the Defendant neglected this and neglected to turn left and proceeded to the left by neglecting it, and caused the G-wheeled Vehicle of the Victim F (Nam, 20 years old) to go to the right and right and to go to the right and to the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the driving of the said G-wheeled Vehicle to stop to go to the floor in order to avoid the collision with the two-wheeled Vehicle.

Ultimately, the Defendant caused the victim to suffer injury due to the occupational negligence above, such as the influence of the first part of the relative part, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement of the defendant in court;

1. A traffic accident report (1) (1)

1. A medical certificate;

1. Previous records of judgment: Criminal records, correspondence records, personal confinement status, application of statutes of the judgment; and

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. From April to April in the basic area of the first category of general traffic accidents to which the sentencing criteria apply.