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(영문) 대전지방법원 천안지원 2016.05.20 2016고단52
교통사고처리특례법위반
Text

The sentence of imprisonment without prison labor for defendants shall be determined by one year.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in B.

On November 13, 2015, the Defendant driven the above vehicle at around 23:50 on November 13, 2015, and proceeded with the roads in front of the gallonian department store located in Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-gu along one-lane from the boundary of the sports complex.

At the time, the driver of the vehicle was in the state of the air-way, such as the motor vehicle’s string, due to the decline in the night. In such a case, the driver of the vehicle has a duty of care to prevent the accident in advance by safely driving the vehicle by safely driving the vehicle, such as removing the string from the vehicle’s glass and driving on the front and the right.

Nevertheless, the Defendant neglected this and led the Defendant to go back to the port by shocking the central separation force of the vehicle in front of the said vehicle in front of the said vehicle and leaving the said vehicle back to the port, thereby causing the Defendant C (37 years) boarding the said vehicle to suffer danger to his life due to the chilling of the chill of the chill and the chilling of the chill of the said vehicle, or having the victim C (37 years old) on board the chill of the said vehicle, due to the chill of the chill of the chill, the chilling of the chill, or the injury of the fluor.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. On-site photographs, vehicle photographs, black stuff photographs;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing guidelines [Types of Determination] General Traffic Accidents: Category 1 (Bodily Injury resulting from Traffic Accidents) (Special Sentencing) - Where an injury occurs among the factors of aggravation: (1) where an injury occurs among the factors of aggravation [the scope of recommendation] [the scope of recommendation] - 1 to 6 months [the scope of general sentencing] - Relief Measures after an accident, and the comprehensive motor vehicle insurance policy.

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