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(영문) 대전지방법원 홍성지원 2014.06.17 2014고단179
교통사고처리특례법위반
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 the business of driving Category C cargo vehicles.

Around 13:00 on February 22, 2014, the Defendant was driving the above cargo to change the direction of the truck in front of the establishment of the Red-gun, Hongsung-gun, Hongsung-gun.

Since it is a side where people's passage is frequent, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle with the duty of care to live well before, after, after, and after.

Nevertheless, the defendant neglected this and did not discover the victim E (M, 74 years old) that was behind due to the negligence of the defendant's neglect and did not discover the victim E (M, 74 years old) and did not go beyond the part of the victim's body with the back of the vehicle operated by the defendant.

결국 피고인은 위와 같은 업무상 과실로 피해자로 하여금 약 8주간의 치료가 필요한 양측 슬관절부 무릎뼈의 폐쇄성 골절 등의 상해를 입게 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

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

1. An investigation report (to hear statements from victims);

1. Application of Acts and subordinate statutes of the medical certificate (E);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The following facts are considered to be unfavorable to the Defendant: (a) there are two previous convictions for sentencing under Article 62-2 of the Social Service Order Act; and (b) there is no agreement even though the victim’s injury was considerably significant in eight weeks, etc.; (c) on the other hand, the Defendant led to the confession of the instant crime; (d) immediately after the accident, the Defendant took relief measures such as transfer to the hospital for the victim; (e) the Defendant deposited two million won for the victim; and (e) the victim under the liability insurance to which the Defendant subscribed.

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