(영문) 서울북부지방법원 2017.03.28 2016고단5446

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(영문) 서울북부지방법원 2017.03.28 2016고단5446

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 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 the duty of driving Category C cargo vehicles.

On October 28, 2013, the Defendant driven the above cargo vehicle around 18:15, and driven the front road of Dongdaemun-gu Seoul Metropolitan Government D in front of the front road from the middle distance of the parallel of the front to the front road of the city at about 50 km each hour along two lanes.

In such cases, the driver of the vehicle has a duty of care to ensure the necessary distance to avoid the collision with the previous vehicle when the vehicle stops suddenly, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and led to a shock of the cargo vehicle in front of the driving direction of the victim E (74 tax) who is driving by negligence while driving the vehicle by the Defendant.

Ultimately, the Defendant caused the victim to suffer injury due to such occupational negligence as above, during the course of causing damage to the neutical mathy and the neutical neute and the neute.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of E traffic accidents;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to medical certificates and post-disabled diagnostic certificates;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account the scope of recommendations and standards for suspension of execution according to sentencing guidelines for traffic crimes with reason of sentencing under Article 62-2 of the Criminal Act, the degree of negligence of the accused, the degree of damage suffered by the injured party caused by the instant accident, the fact that orders to attend lectures or orders to provide community service has been issued and that agreement has not been reached with the injured party, etc

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