beta
(영문) 수원지방법원 여주지원 2018.07.06 2018고단520

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 23, 2018, the Defendant operated B 4.5 tons B 4.5 tons of cargo vehicles in Echeon City, and opened a three-lane road in front of Ethocheon-si Yacheon-si Yacheon-si Yacheon-si at a 3-lane speed depending on the 3-lane road surface from the leletum gate, and made the left turn to the right turn to the lethroth of Eththle Yacheon-gu Yacheon-si.

Since there is a place where a signal, etc. is installed, in such a case, the driver of the motor vehicle has a duty of care to prevent the accident in advance by taking well the attitude of other motor vehicles on the signal light and the opposite lane and by making a left turn.

Nevertheless, the Defendant neglected to make a left turn due to negligence in violation of the signal, and led the victim C (64 ) who was driven in accordance with the straight line on the right side of the cargo vehicle that was driven by the victim C (64 ) who was driven in accordance with the straight line on the right side of the cargo vehicle.

As a result, the Defendant suffered, by negligence in the above business, injury to the victim C, such as a thring of the right strings, in need of approximately six weeks of treatment, and injury to the victim E (35 years of age) who was on board the cargo vehicle in the above strings, including a thring of 16 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the actual condition of traffic accidents (1), and (2);

1. Statement made to C;

1. Each written diagnosis;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with heavier Crimes)

1. Selection of a credit cooperative without prison labor for punishment;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order, the background of the accident, the degree of injury to the victims, etc. are disadvantageous.