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(영문) 전주지방법원 군산지원 2014.04.02 2014고단5
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a driver of Hegel's car.

On November 30, 2013, around 17:30, the Defendant proceeded along the two-lanes in the direction of yellow light in the direction of yellow light. On November 30, 2013, approximately 30 meters in the direction of yellow light.

Since there is a center line, the person engaged in the driving of motor vehicles is obliged not to spawn the center line or spawn, but is negligent in driving the center line by spawning it, while neglecting the duty of care to do so, the defendant caused the victim C(64 years of age) who is driving on the line adjacent to the defendant to be the front part of the DNA cargo vehicle driven by the victim C(64 years of age).

As a consequence, the defendant suffered injury from the victim's right-hand alleys of the non-gushes in need of medical treatment for about 13 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A medical certificate;

1. Application of each statute on photographs;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

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

2. Scope of recommendations on the sentencing criteria: The basic area of the injury (type 1) caused by traffic accidents in general traffic accidents (decision on the recommended area) by a credit cooperative for not less than 4 months but not more than 10 months (decision on a type): The basic area of the injury (decision on the recommended area): The special heavy factors - The special heavy factors: the victim shall agree with his/her imprisonment without prison labor for not less than 4 months but not more than 10 months (the scope of recommendation punishment): The serious reflective factors;

3. Determination of sentence: Determination of sentence as ordered within the scope of sentencing criteria, taking into account the factors of sentencing set forth in four months of imprisonment without prison labor and one year prior to the suspension of execution; and

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