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(영문) 광주지방법원 순천지원 2014.01.09 2013고단2057
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 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 of Bchip motor vehicles.

On July 30, 2013, the Defendant driven the said car on July 18, 2013, and led to the intersection of the private distance at the entrance of the Goyangyang-Eup apartment at lightyang-si, from the direction of the police station to the signal apartment at a speed of about 30km each other, depending on the two-lane between the two-lanes.

At this point, traffic control is not performed, and since the road of five-lanes cross-sections, the driver of the motor vehicle has the duty of care to check whether the person engaged in the driver of the motor vehicle has a motor vehicle cross-section while temporarily stopping or slowly driving the motor vehicle before entering the intersection, and to proceed by driving the motor vehicle with a wide width.

Nevertheless, the defendant neglected this and caused the victim to have the front wheel part of the bicycle driven by the victim C(74 years of age) driving on the right side from the left side of the running direction by negligence, and let the victim go beyond the road.

As a result, the Defendant caused the victim to suffer from an injury, such as an injury on credit under the influence of 12 weeks of medical treatment by occupational negligence, and resulting in an incurable or incurable disease.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The application of Acts and subordinate statutes to medical certificates and investigation reports (report on confirmation of serious injury);

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

1. Article 62 (1) of the Criminal Act (including the fact that a comprehensive motor vehicle insurance is subscribed and the family members of the victim have agreed thereon, etc.);

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