(영문) 서울중앙지방법원 2013.11.01 2013고단3115

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(영문) 서울중앙지방법원 2013.11.01 2013고단3115

교통사고처리특례법위반

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

except that 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 engaged in driving a BM5 vehicle.

On May 9, 2013, the Defendant operated the said car around 09:35, and changed the course to two-lanes from the entrance of Yung-dong, Seongbuk-gu, Seoul to about 20 kilometers in speed, depending on the three-lanes from the Yung-dong, Seongbuk-gu, Seoul.

Since there is an indication of restriction on career change in a tunnel and a white-ray, there was a duty of care not to change course to a person engaged in driving of a motor vehicle.

Nevertheless, if he neglected this and changed the course beyond the white-ray, the part of the injured party C (the 70-year-old driver) driving's left-hand driver's upper-hand driver's license of the victim C (the 70-year-old driver's license) driving in the same direction along the two-lanes of the last day of the car of the defendant, shall be returned to the front side of the vehicle of the defendant, and due to the shock, the victim E (the 31-year-old driver's license) driving, which was stopped in the first way on the vehicle of the victim E (the 31-year-old driver's license), was turned to the front-hand driver's license

In conclusion, the Defendant suffered, by such occupational negligence, injury to the victim C, such as pressure pressure at the 6th century, and injury to the victim G (V, 64 years old), who was on the same math car, requiring approximately 3 weeks of medical treatment, and injury to the victim E, such as catum and fatum fat, requiring approximately 2 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of traffic accidents in E, C and G;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning facts constituting an offense;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the decision of type of punishment).

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