beta
(영문) 대전지방법원 논산지원 2016.03.29 2015고단651

교통사고처리특례법위반

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 a wing and cargo vehicle B.

On August 31, 2015, the Defendant driven the above cargo vehicles around 08:10, and proceeded with the agricultural bank near the water pumping station located in the eurgical eurgic eurgic eurgic eurgic eurgic eurgic eurgic eurgic eurgic

Since there is a road with a speed of 60 km or less per hour, a person engaged in driving of a motor vehicle has a duty of care to safely operate the motor vehicle by complying with the speed limit and by properly examining the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to do so and went at a speed exceeding about 49 km per hour, and received the front part of the truck in front of the truck in front of the vehicle driving by the Defendant, who is driving by the victim C(W, 56 years old) who turn to the left to the left from the right side of the motor vehicle of the victim C (W, 56 years old) who turns to the right side of the motor vehicle of the driver.

As a result, the Defendant suffered injury, such as a dystrokeus, which requires approximately 14 weeks of treatment, from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a comprehensive traffic accident analysis report;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the reason for sentencing as follows) is against the defendant's wrongs, and the defendant has agreed to do so smoothly with the victim, the occurrence of the accident in this case does not have the victim's negligence, the accident in this case is a comprehensive motor vehicle insurance contract, and the accident in this case is an unfavorable circumstance, such as the fact that the defendant was in the course of driving a motor vehicle on a continuous basis, and the degree of injury to the victim is not easy, and other conditions for sentencing specified in the argument in this case, such as the defendant's age, environment, criminal record, criminal record, and criminal records.