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(영문) 수원지방법원 2014.12.18 2014고단5857
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for 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 freight B.

On October 21, 2014, the Defendant, without obtaining a driver's license at around 18:15 on October 21, 2014, driven the above cargo, and proceeded to the intersection of the entrance of the recognized siren apartment at the high-population of the wife population at the port of Tae-si from both sides at the high-speed level.

In this case, as an intersection with a signal apparatus, a person engaged in driving of a motor vehicle has a duty of care to safely drive the steering and steering the steering gear in accordance with the signals by reducing speed, keeping the front door well, and accurately operating the steering gear in accordance with the signals.

Nevertheless, the Defendant neglected this and proceeded without reducing speed, and caused a dyone-wheel driver part of the victim C(34 years old) who was in the signal atmosphere to be faced with the part of the cargo fronter part of the Defendant.

Ultimately, the Defendant suffered, by its occupational negligence, the injury to the victim C, such as salt ties, tensions, etc. in need of approximately 3 weeks of treatment to the victim E (V, 49 years of age) of the same passenger, such as crums and tensions, which require approximately 3 weeks of treatment to the victim F (V, 47 years of age) of the same passenger, such as shoulders and franchis in need of approximately 3 weeks of treatment, and flachis and tensions in need of approximately 2 weeks of treatment to the victim G (V, 32 years of age), respectively.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Each written diagnosis;

1. Disqualifications for licenses and application of Acts and subordinate statutes to the driving license ledger;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts; Article 268 of the Criminal Act; subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, choice of imprisonment without prison labor or imprisonment for the violation of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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