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(영문) 대전지방법원 2017.06.16 2017고단1356
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a car in the CT Gu.

On March 14, 2017, the Defendant driven the above car on March 14, 2017, and led the three-lanes of the door of the three-lanes in Seo-gu Busan Metropolitan City, Seo-gu, Seo-gu, Seo-gu, to go straight distance from the ethical distance off to the ethic four-lanes.

At the time, since it is an intersection in which a signal is installed at night, there was a duty of care for a person engaged in driving a motor vehicle to safely drive the motor vehicle by complying with the signal.

Nevertheless, the defendant neglected this and caused the damage to the right side of the defendant's car, which was driven by the victim D (19 S) who was in a straight line from the right side of the defendant's proceeding to the left side by his own negligence in violation of the red signal, and led to the full part of the Ecoon's car.

As a result, the Defendant suffered, by negligence in the above business, injury to the victim D, such as dystrokes, which requires approximately four weeks of treatment, injury to the victim F (19 years of age) who was accompanied by the above damaged vehicle, injury to dystrokes, etc. which requires approximately three weeks of treatment, and injury to the victim G (19 years of age), such as cerebral dystros, which requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute to each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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 criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (Punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against D with the largest criminal situation);

1. Selection of a credit cooperative without prison labor for punishment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act under the suspended sentence are reflective to the sentencing, the risk is high, the victims’ agreement, and the first offense, etc.

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