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(영문) 춘천지방법원 원주지원 2015.04.22 2015고단125
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving the NBC 110cc Oral.

Around 21:40 on December 24, 2014, the Defendant driven the above Oralba, and led D Scam in the original city C to the unfluened speed from the dactinal off to the face of the Uniform Apartment at the front city.

The location is a private-distance intersection where signal lights are installed, and at the time, the victim E (the age of 41) driven FJO Orala while driving the FJEEO Orala, and was in a straight line from the galthrode to the galthrode in accordance with the straightline. In such a case, there was a duty of care to safely drive the vehicle in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and thereby violated the signal and entered the intersection as it is, thereby driving the above Obane, received the back wheels part of the above FObane as the front part of the B Obane by negligence.

The Defendant suffered from an injury to the victim by negligence in the course of performing the above duties, such as an acute depression that requires at least 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of statutes on site photographs;

1. Grounds for sentencing under Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) and 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Application of the sentencing criteria;

(a) Determination of types: Traffic crime, general traffic accident and first type;

(b) Special amnesty: Aggravation - serious injury.

(c) Scope of recommendations: Aggravation, eight months to one year and six months; and

3. Determination of sentence: Six months without prison labor (including the fact that it has not been agreed with the victim, the first offender, the fact that it is covered by liability insurance, and the fact that it is against the victim, etc.);

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