beta
(영문) 대구지방법원 서부지원 2020.06.17 2019고단3457

교통사고처리특례법위반(치상)

Text

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 vehicles BM 3.

On October 15:55, 2019, the Defendant came to go to the direction of F elementary school from the E market room to the direction of F elementary school. < Amended by Presidential Decree No. 2420, Oct. 12, 2019>

The place is where the center line of yellow solid lines is installed, and the driver has the duty of care to prevent traffic accidents by driving the boom, left and right well without breaking the center line, and driving the motor vehicle safely.

Nevertheless, the Defendant was faced with the Defendant’s front part of the Defendant’s bicycle left part of the victim G (mam, 76 years old) driving, which was driven by the center line in the direction of the E market, from the breadth underground level of fugitives when he was running along the center line of yellow solid lines.

Accordingly, the above victim suffered from a 12-day chest streke, which requires medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on investigation (the sequence 6 of evidence list);

1. The actual condition survey report;

1. A written diagnosis of victims;

1. Application of statutes on field photographs;

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; Selection of imprisonment without prison labor;

1. The case of a collision with a victim who gets a bicycle while driving a vehicle by breaking the central line in the course of sentencing under Article 62(1) of the Criminal Act to the left-hand turn, which is disadvantageous to the defendant, is the case where the degree of the defendant's occupational negligence is considerably serious, and the degree of injury suffered by the victim is serious, etc.

On the other hand, it seems that the defendant recognized the facts of the crime, the first offender, and the victim at the time of the accident of this case also had the negligence of the victim in the occurrence of the traffic accident of this case, such as overcoming the central line, driving the bicycle, etc., and in consultation with the victim.