(영문) 광주지방법원 장흥지원 2015.05.28 2013고단227

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(영문) 광주지방법원 장흥지원 2015.05.28 2013고단227

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for three 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 a C low-est car.

On May 6, 2013, the Defendant driven the said car on May 6, 2013, and continued the front of the new distance road on the two-lanes of the Gangseo-gu Seoul Special Metropolitan City, Gangwon-do, Jinnam-do, which is located on May 6, 2013.

In such a case, when there are other vehicles that intend to enter the intersection from the right road to the right road, the driver of the vehicle has a duty of care to yield the course to the vehicle and prevent the traffic accident in advance.

Nevertheless, the Defendant neglected to yield the course and failed to enter the course, and was driven by the victim D(77 years of age) who was going directly going to the direction of the port-side bridge in the front side of the Efri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri (7 years of age).

Ultimately, the Defendant suffered a serious injury on the part of the victim, focusing on the fact that the victim did not have any open standing, due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, photographs and explanation of the accident site;

1. The application of each medical certificate, each medical opinion, and each medical examination and treatment opinion to statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommendations] is that the area of aggravation (8 to 1 year and 6 months) (the person under special guard) of the area of aggravation (one type) of traffic accident (one type) occurs (the decision of sentence] (the decision of sentence] of the victims of the instant accident.

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