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(영문) 수원지방법원 2015.06.04 2014고단6466
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaged in driving a rocketing car.

On October 17, 2014, the Defendant driven the above rocketing car on October 23:35, 2014, and proceeded with the private distance from the right line elementary school, which is instigates the right line at the time of Suwon.

Since the location is an intersection where signal is installed, there was a duty of care to reduce speed and prevent accidents by safely driving according to traffic signal.

Nevertheless, the Defendant neglected this and neglected to stop, and neglected to go against the signal to the right side of the running direction, and received the front part of Calina, which normally proceed from the left side of the running direction to the right side, as part of the left side of Calina car.

The Defendant caused the injury to the victim D (year 21), who is the driver of the above Oral Ba, due to the above occupational negligence, such as the 16-day medical treatment of the said victim, such as the alley executives.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A scene of an accident and photograph of an accident vehicle;

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Traffic Accident (Death resulting from Traffic Accidents) (Article 62-2 of the Criminal Act) along with the circumstances presented as the mitigation area (Article 1 to 6 months) [Pronouncement Decision] and the special mitigation area (Article 62-2 of the Criminal Act), together with the circumstances presented as the above special mitigation area, the sentence shall be determined as per the order, taking into account various circumstances, such as the defendant's reflection, the fact that the defendant has no ability to impose punishment except for punishment once as a fine, the defendant has no ability

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