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(영문) 춘천지방법원 강릉지원 2016.02.04 2015고단1399
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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 the operation of C Eth Motor Vehicles.

On November 15, 2015, the Defendant, at around 09:05, was subject to suspension of the validity of a driver’s license (from October 10, 2015 to January 17, 2016), but driving the said vehicle, and driving the said vehicle at the intersection of the shooting distance in front of the 44 North Gyeongnam Agricultural Co., Ltd., the Defendant proceeded at the speed of the Jinwon, from the direction of the extreme apartment.

At the same time, on-and-off lights were installed, so in such a case, a person engaged in driving service has a duty of care to temporarily stop prior to the entry into the intersection, check the safety of course by properly examining the traffic situation of the intersection and proceed.

Nevertheless, as long as the Defendant neglected this, it entered the intersection prior to the temporary stop of entry into the intersection, and the victim D(55) operated by the Defendant with a yellow on-and-off signal from the left-hand side of the running direction to the right-hand side of the victim D(55 ) operated by the Defendant, the right-hand side part of the EST 110 0 0 0 0 20 20 20 22.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as Madle Madle Madle Madle Madle Madle, which requires approximately twelve weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report, photograph, and medical certificate on actual condition;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and loss of duties, the choice of imprisonment without prison labor), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the occupation of unauthorized driving, the selection of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) there is no record of any other crime except a fine imposed due to drinking driving in 2015; and (b) an agreement with the victim.

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