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(영문) 수원지방법원 안양지원 2018.01.26 2017고단1707

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in driving a village bus B.

The Defendant stated in the facts charged in around 23:53 on August 10, 2017 as “1:53 around 11:53,” but it is evident that such recorded facts mean “23:53 around 23:53.”

During Ansan-si, the education office distance in 235 as the Gu citizen was driven by the bus, and the turn to the left was made to the left by using one way among five lanes in the direction of the National Land Research Institute of Korea in the direction of the Gu.

Since a place is an intersection where a signal, etc. is installed, a person engaged in driving a motor vehicle has a duty of care to safely proceed in accordance with good faith.

Nevertheless, the Defendant was negligent in the course of the duty and left left-hand turn without disregarding the forward signal while driving the front line, and received the DNA CA110-V bicycle riding from the victim C (22 years old) driving in the direction of the shooting distance of the National Land Research Institute in the direction of the head of the water village, and suffered injury, such as an external blood transfusion, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to vehicles, field photographs and field photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Sentencing under Article 62(1) of the Act on the Suspension of Execution (The sentencing is favorable to the following conditions): The background and details of the crime, the negligence of the defendant, the degree of injury of the victim, etc. - favorable circumstances: The defendant reflects the mistake, the defendant is subscribed to a comprehensive motor vehicle insurance, and the victim does not want to be punished against the defendant - Other circumstances: age, sex, occupation, family relationship, property status, etc. of the defendant;