beta
(영문) 대구지방법원 2015.06.18 2015고단1093

교통사고처리특례법위반

Text

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

However, 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 service C.

On September 5, 2014, around 03:33, the Defendant driven the back of the Obabba, with the victim D (23 years of age) who is a workplace partner, driven on the back of the Obaba, and proceeded at the speed of about 70km per hour from the southan Police Station toward the direction of the Anbabane distance.

At the time, since it is an intersection where a signal is installed at night and at this time, a person engaged in driving service has a duty of care to safely drive in accordance with the signals by reducing speed and keeping the front left well.

Nevertheless, the Defendant neglected this and did not neglect that the vehicle driving signal was changed to the left turn signal, and did not proceed to the left turn from the opposite side to the intersection, and conflict with the Fstynaon front part of the victim E(55 years old) driving with the front part of the vehicle driving by the Defendant.

As a result, the Defendant suffered injury to the victim D, such as the left-hand Montreal test, which requires approximately nine weeks of medical treatment, due to such occupational negligence, and injury to the victim E, such as salt, tension, etc. requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each investigation report (to submit a written diagnosis of a victim, to attach a victim's Dboard guide, and to submit a statement of intent as to whether a victim has serious injury to D);

1. Application of Acts and subordinate statutes of the medical certificate (E);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service or attending lectures;

1. The application of the sentencing criteria does not present a separate processing method for the ordinary concurrent crimes in this case.