beta
(영문) 창원지방법원 2016.03.22 2015고단2965

교통사고처리특례법위반

Text

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

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

Reasons

Criminal facts

The defendant is a person who drives a K3-car.

On August 27, 2015, the Defendant driven the above car at around 09:50, and led the road before the D bath in Kim Sea C to turn to the left at the Kim Sea Tax Office from the D bath.

There are the center line of the real line, and there was a duty of care to turn to the left at the place where the driver of the motor vehicle is permitted in accordance with the traffic laws and regulations.

Nevertheless, the Defendant neglected this and neglected the left-hand turn to the center line, without permission, and received the part of the victim E (65 years old)’s bridge and her her son who was on the center line, in front of the said car.

As a result, the Defendant suffered from the above occupational negligence that caused damage to the fresh and power lines of the shoulder shoulder belts, which requires approximately 12 weeks medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General traffic accidents in Article 62 (1) of the Criminal Act where there is a substantial negligence in the occurrence of traffic accidents or the expansion of damage to a victim (a person subject to special mitigation] in the mitigation area (a person subject to special mitigation) (a person subject to punishment] (a decision of sentence] four months without prison labor, suspension of execution of execution of one year (including the fact that there is negligence on the part of the victim and the fact that a person is subscribed