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(영문) 광주지방법원 목포지원 2014.09.29 2014고단1192
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 driving a B-man car.

On June 26, 2014, around 17:30, the Defendant, at the time of Mapopopopo City, proceeded in three-lanes among four-lanes of the 4-lanes of the square, from the area of the sloping intersection to the area of the square of No. 9.

At this point, traffic control by signal apparatus is an intersection where traffic is controlled, and there was an error that is being done in accordance with the signals in the front section, so in such a case, the person engaged in driving service has a duty of care to live well the front section and to safely operate the signal in order to prevent the accident in advance.

Nevertheless, the Defendant, by negligence in violation of the stop signal while proceeding as it is, received the FOba of the Victim E (Seoul, 76 years old) driving, who was on the right side of the CObama car, who was on the right side of the CObama car, who was on the right side of the CObama car, from the 2 plaza of the square.

The Defendant caused the victim to suffer injury by occupational negligence, such as cerebrovascular transfusion, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Photographss of the scene of an accident, a vehicle photograph of an accident, or G CCTV to take a course;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crime: Injury of traffic accidents resulting from ordinary traffic accidents;

2. Determination of the scope of sentence: Reduction area, range to six months (a person who is subject to special mitigation: a person not subject to punishment);

3. Although the decision of sentence or suspended sentence of injury suffered by the victim is not easy, the fact that the defendant acknowledges and reflects his mistake, the victim desires to find the defendant's preference, the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, and the defendant.

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