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(영문) 대구지방법원 2013.07.18 2012고단8886

교통사고처리특례법위반등

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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.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a horse.

Around 07:30 on October 29, 2012, the Defendant driven the above chiller, and turned the roads in 1047, Cheong-do, Cheong-do, Cheong-do, Cheong-do, Chungcheongnam-do, Cheong-do, to the parallel from the place of loading and unloading to the port of smuggling.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care to prevent accidents in advance by thoroughly operating the vehicle through the operation of the driver.

Nevertheless, the Defendant neglected to do so and received the front right-hand side of the Defendant, such as the left-hand flicking on the left-hand side of the 49C motorcycle, the left-hand hing on the left-hand hing, the singinginging on the left-hand side of the 49c motorcycle, and the rear-wheeled hacker, etc., which are driven by the victim C, who is going tightly from the right-hand side

Ultimately, the Defendant suffered injury, such as cage cages, which require approximately seven weeks of medical treatment from the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

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

1. Results of re-inspection of traffic accidents;

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 and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act;

1. As to the Defendant’s assertion under Article 62(1) of the suspended sentence of the Criminal Act, the Defendant her spawned the central line, but the Defendant alleged that the instant accident was not occurred due to the Central Line spawn, since the collision between the motorcycle driven by the victim in the direction of driving the Defendant while driving the straight line after the completion of the U-turn. However, according to the aforementioned evidence, the location of the instant accident is the place where the U-turn was prohibited, as the instant accident occurred in the center line.