beta
(영문) 대전지방법원 천안지원 2017.11.30 2017고단2300

교통사고처리특례법위반(치상)

Text

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

except that the execution of a sentence shall be deferred for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant shall drive a rocketing car frequently or frequently.

On July 16, 2017, the Defendant driven the above car at around 07:00, and proceeded one-lane in the direction of the 500m in front of the entrance of a tunnel for use 43 national highways (90km at a speed of 80km) in the Gasan-si, Asan-si, the Defendant driven the above car at around 07:0,00 and proceeded one-lane in the direction of Asan-do.

At the same time, weather was flown and down, and there was a vehicle involved in an accident that was broomd in a broom on the front side, so the driver of the vehicle has a duty of care to drive with a duty of care to reduce speed so as not to be broomd in advance.

Nevertheless, the Defendant neglected this at a speed exceeding 20 km a speed of 132 km per hour while driving on the front side of the running direction, found late behind the leaving of water, dynasing down the said vehicle, and shocked the center separation, and turned down the vehicle into the right side, and dynasing the victim D ( South, 62 years old) who was driving on the edge of the road to avoid it into the right side of the road, by shocking the victim D (the victim D, South, and 62 years old) who was driving on the front side of the steering line of the said vehicle.

In this accident, the victim suffered serious injuries, such as decline in food, decline in movement, etc., due to brain stuff, etc., the number of days of treatment of which cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident and a witness statement (E);

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

1. Photographss of the scene of the accident and caps of the accident image;

1. A report on investigation (to attach a report on speed analysis);

1. The application of Acts and subordinate statutes to a criminal investigation report (referring to a medical opinion and a medical certificate);

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Means of Relevant Acts and Special Cases concerning the Settlement of Punishment, etc., and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor)

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] In general traffic accidents of the category 1 (Bodily Injury resulting from Traffic Accidents) (4 months to 1 year), the basic area (person subject to special sentencing] [the person subject to special sentencing] / The amount of punishment not to be mitigated (Reduction)] / The amount of serious injury (aggravating punishment] of the instant case.