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(영문) 수원지방법원 평택지원 2016.05.19 2016고단238
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of two 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 BP car.

On November 19, 2015, the Defendant reported that the Defendant gets a bicycle for the victim E (57) driver's license in the front of the Dusbus in Pyeongtaek-si in Gyeonggi-si C, while working in front of the Dusbus in front of the Dusbus.

The road is narrow one lane and is located both sides of the road where the left-hand turn at the center line is shaking. In such a case, the driver of the vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering line and the steering gear according to the traffic situation by accurately operating the opposite vehicle and the steering side in accordance with the traffic situation.

Nevertheless, while the Defendant neglected this and went beyond the median line, the part on the left side of the victim's motor device bicycle driver's bicycle which turn to the left at the front side was received as the front part of the said car.

Ultimately, the Defendant caused an incurable disease to the victim by occupational negligence, such as abnormal brain functions requiring treatment for an irregular period, and detailed uncertainty due to physical diseases, mental disorders, brain damage, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A survey report on actual condition and photographs on the scene of accidents;

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

1. Article 3 (1) and Article 4 (1) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Determination on the application of the O sentencing guidelines for sentencing under Article 62(1) of the Criminal Act: The scope of the applicable O sentencing guidelines for the reasons of sentencing under Article 62(1) of the suspended sentence: The basic area (from April to October) of the type of general traffic accident (the injury caused by traffic accidents) is nonexistent, and the victim's family members are punished for the defendant.

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