(영문) 대구지방법원 2017.10.19 2017고단3366

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2017.10.19 2017고단3366

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of 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 a vehicle BM520.

On January 14, 2017, the Defendant driven the above car at around 01:25, and changed the course to one lane while driving the road of three lanes in front of the point of 8km in the border of the central highway at the east of Kimhae-si, which is located on the opposite side of the city of Kimhae-si.

At the time, since it is night and is a highway, in such cases, the driver of the motor vehicle has a duty of care to operate the direction when the driver of the motor vehicle changes the vehicle, give prior notice of the change of course, and make the change of the vehicle in the situation of traffic on the right and the right and the right and the right and right

Nevertheless, the Defendant neglected this and did not look at the traffic situation before and after the left, and did not find the victim C(32 tax) who was driving on the left-hand side, and did not find the above SM520-on-hand side part of the above SM520-on-hand side, which led to a conflict between the front part of the driver's seat of the above CJ-on-hand car and the upper part of the above CM520-on-hand side.

As a result, the Defendant suffered a variety of 14 days of medical treatment due to the above occupational negligence, and at the same time destroyed XJ car by putting the repair cost of KRW 74,614,210, such as the scamping of the front scam.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written estimate and written diagnosis;

1. The application of Acts and subordinate statutes to the actual survey report, on-site photographs, and the borrowed tide table;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and de facto) and Article 151 of the Road Traffic Act concerning criminal facts (the occupation of damage from occupational and de facto property);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. Article 62 of the Criminal Act:

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