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(영문) 광주지방법원 목포지원 2014.10.02 2014고단1087
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 person who is engaged in driving a Bsch Rexton car.

On February 16, 2014, the Defendant driven the above car at around 18:40, while driving the car, and proceeding ahead of the Chohohoh Elementary School located in Samho-gun, Youngnam-gun, Samho-gun with the front of the road at the Chohoho-gun, Samho-gun, the Defendant was going to make a U.S. internship.

At this point, there was a duty of care to make an intern at the point where the driver is permitted for the internship.

Nevertheless, the Defendant neglected to do so, and caused the collision between the front wheels part of the U.S. and the front wheels part of the U.S. car driven by the injured party C (Nam and 19 years old) who was in direct line under the new code in the part facing the fault of the central line and the U.S. to the right side of the U.S. car.

The Defendant caused the victim to suffer injury by his occupational negligence, such as cutting off the upper pelpel in the left-hand body, which requires approximately seven weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report and evidence and photographs of the scene of a traffic accident;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act;

1. Determination of types of crime: Injury of traffic accidents resulting from ordinary traffic accidents;

2. Determination of the scope of sentence: Basic area, April to October (no person shall be specially punished);

3. Although the decision of sentence or suspended sentence is not easy to inflict injury on the victim, the fact that the defendant acknowledges and reflects his mistake, the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, the insurance company agrees with the victim, and the defendant is punished once by a fine;

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