beta
(영문) 서울북부지방법원 2014.07.22 2014고단1359

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood passenger vehicle.

On March 29, 2014, the Defendant driven the above car on March 22 and 2014, and driven the road of 314 lanes in Hancheon-ro, Dongdaemun-gu, Seoul, Dongdaemun-gu, with a speed of about 40km from the boundary of the new literary basin to the direction of 314 kilometers along a speed of 40km.

At the time, there is a crosswalk where a signal, etc. is installed at the front of the day, so in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle according to the traffic signal, on the other hand, to confirm whether there is a person who gets on the part of the driver of the motor vehicle to reduce the speed and to check the front door well.

Nevertheless, the defendant neglected this and neglected to turn signals to the left, but was negligent in the fact that the traffic signals of the vehicle were turned to the left, and instead, the defendant received the right-hand body of the victim C (V, 49 years old), the victim D (22 years old), the victim E (23 years old), the bicycle right-hand part of the victim E (23 years old) crossing the crosswalk to the right-hand side according to the pedestrian signals, as the front part of the defendant's vehicle.

As a result, the Defendant caused the victim C to suffer injury to the right spathr, internal side spathr, etc. for about 12 weeks of treatment, injury to brain spathr, etc. requiring treatment for about 7 days, and injury to the victim E, which requires treatment for about 4 weeks of treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Statement E and C on the occurrence and actual state of each traffic accident;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;