beta
(영문) 서울북부지방법원 2018.02.08 2017고단5776

교통사고처리특례법위반(치상)등

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of the vehicle in the C High Class III Puss.

On September 19, 2017, the Defendant was driving the above vehicle around 21:20, while driving the two-lane road in front of Dongdaemun-gu Seoul Metropolitan Government D along the two-lane intersection from the Gyeongju apartment at the Gyeongdong-dong, the Defendant was making an illegal internship while driving the two-lane.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to safely drive a person engaged in driving service, such as overcoming the center line and not driving in the opposite line.

Nevertheless, the Defendant neglected this and went beyond the floor of the above E by shocking the front part of the FOtoba driven by the victim E (M, 32 years old) who was driven by the victim E (M, 32 years old) due to the negligence of making an illegal internship on the second line.

As a result, the Defendant, by occupational negligence, sustained injury to the above victim, such as diversous salt, chromatic trade connected to the mouths and mouths, and the mouth net phenomenon requiring approximately four weeks of observation. At the same time, the Defendant damaged the above victim’s front part of the repair cost to be KRW 2,560,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of the Acts and subordinate statutes to the photographic Acts and subordinate statutes by reporting a traffic accident (1) (2) (the actual survey report), vehicle photographs and field photographs, each diagnosis letter, estimate, CCTV closure;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning the traffic of roads;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The instant accident occurred due to the Defendant’s gross negligence with the reason of sentencing Article 62-2 of the Social Service Order Criminal Act, and the instant accident.