(영문) 수원지방법원 여주지원 2019.06.28 2018고단1145

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(영문) 수원지방법원 여주지원 2019.06.28 2018고단1145

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for 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 freight B.

At around 13:42 on April 19, 2018, the Defendant was driving ahead of the parallel tunnel, which is located in the 671st executive branch of the Hancheon-si, Seocheon-si, Seocheon-si, Seocheon-do, in the direction of the principal.

Since it is a two-lane motorway that can proceed only from the main direction to the direction of direction, a person engaged in driving motor vehicles is prohibited from driving motor vehicles in the reverse direction of the direction of the driving, and the person engaged in driving motor vehicles has a duty of care to prevent traffic accidents by accurately operating steering gear, brakes and other brakes, and by not driving motor vehicles in such a way as to cause danger and harm to others according to road traffic conditions and the structure and performance of the motor vehicles.

Nevertheless, the Defendant neglected such duty of care and was negligent in driving the said road in the opposite direction in the vicinity of the sub-sections of the general national highways and driving the said road in the vicinity of the sub-sections of the said tunnel, and was negligent in driving the two-lanes of the victim C(66 years old) who was driving the two-lanes of the said tunnel, and received the front part of the passenger vehicle operation in the front part.

The Defendant, by these negligence, caused the victim C to suffer bodily injury, such as a fresh, closure, etc., which requires approximately six weeks of medical treatment, and the victim E (the age of 66) who was on board the car at the same time, who was on board the car at the same time, suffered bodily injury, such as a fresh, a fresh, and a fresh of a single fret other than a fresh, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Each statement of C;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for a crime against C with heavier penalty) ;

1. Article 62 of the Criminal Act:

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