교통사고처리특례법위반등
Defendant shall be punished by imprisonment without prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a KS5 car.
On January 5, 2014, the Defendant driven the said car at around 17:20, and moved 171 km away from the hill bank in the tunnels in which he is located in the Young-dong Highway, along the two-lanes of the above road.
Since the above place is divided into white solid lines into a tunnel, overtaking is prohibited, and there is a place where the change of lanes is prohibited, so in such a case, a person engaged in driving of a vehicle has a duty of care to drive a vehicle without overtaking in the tunnel and to observe the safety marks of white solid lines.
Nevertheless, the Defendant: (a) changed the two-lane to a two-lane by putting a white solid line signal in order to overtake the victim E(64 years old) driving in the direction of Defendant’s driving; (b) while entering the two-lanes without completely changing the two-lanes due to the irregular vehicle, the Defendant got into the first-lanes without completely changing the two-lanes; and (c) in the front part of the said K5 vehicle, the Defendant received the back part of the said passenger vehicle with the front part of the said K5 vehicle, and led the damaged vehicle to be recovered.
The Defendant caused the above traffic accident, thereby causing the victim E to inflict injury on the victim E, such as pressure dives of Section 4, which requires approximately 12 weeks of medical treatment, and caused the victim G (53 years of age) who is the passenger of the victimized vehicle, to have approximately two weeks of medical treatment, and at the same time damaged the victim’s dgrab, etc. to have approximately KRW 26,20,470 of repair cost.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Each traffic accident report;
1. Photographs of the accident site;
1. Each written diagnosis and written estimate;
1. Application of Acts and subordinate statutes to investigation reports (road signs applicable to violations of instructions against suspects and investigation of Supreme Court precedents);
1. Article 3(1), the proviso of Article 3(2)1 and 4 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act.