beta
(영문) 서울중앙지방법원 2015.08.26 2015고단1741

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Fone Star bus.

On September 15:42, 2014, the Defendant driven the above van and continued the front road of G in front of the Chungcheongnam-gu, U.S., G from Asan-si to U.S. Eup.

However, the Defendant did not discover the victim H (Nam and 39 years of age) who was getting a bicycle on the right side of the right side of the bend side of the bend side by negligence while neglecting the front side of the bend side and did not get the victim to go beyond the road.

Ultimately, the Defendant, by occupational negligence, caused the above victim to suffer danger to his life due to an injury to blood in light of the light-to-face in which there is no open address in two, and led to an injury to his life, such as an influenite or incurable disease.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Scenic photographs of the scene of the accident, photobox images of the video recording;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the written request for proceedings;

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

1. The defendant's negligence is significant since the victim suffered injuries, such as double frames, etc. due to the traffic accident in this case, resulting in serious injury to consciousness, lowness, and face-to-face depression.

Although the defendant is a primary offender, has been subscribed to a comprehensive motor vehicle insurance, and deposited 12 million won with an agreement, he/she shall be sentenced to the punishment as ordered in light of the degree of injury of the victim, etc.

However, the defendant has faithfully participated in the investigation and trial, and the social importance is clear, and efforts are made for the recovery of damage, so the court's detention is not required to give an opportunity to reach an agreement.