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(영문) 수원지방법원 안양지원 2017.03.31 2016고단2002
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years 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 B car rental car.

On August 3, 2016, the Defendant driven the above car at around 02:15, and proceeded ahead of the deep-distance road of 530, which is located in the city of Ansan-gu, at the time of Ansan-gu, with the long-distance distance of the village of Dong-do, from the front-distance distance of the front-distance road of 530.

At that time, the signal, etc. is installed and operated normally, so there was a duty of care to safely drive the driver in accordance with the signals by checking well the right and the right of the driver.

Nevertheless, the defendant changed the signal to a straight signal from the direct and right angles at the time, and the defendant was driving a four-lane, using the fact that the traffic volume of the above road was not high, and the defendant left the right-hand turn on the fourth-lane, and the victim C (n, 25 years old) who is driving in the right-hand side of the D MT09TRA two-wheeled vehicle driving at the right-hand side of the victim C (n, 25 years old) who is driving at the right-hand side of the DM09TRA two-wheeled by the victim.

As a result, the Defendant suffered injury, such as the mouth of the body body felbing, which was accompanied by a felball that requires approximately 18 weeks of treatment by the victim due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The actual investigation report on traffic accidents;

1. A copy of a medical certificate;

1. Application of the Acts and subordinate statutes on photographic images of witnesses, black booms images, and CCTV images of dials;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation and the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendations given in the sentencing guidelines] - The basic area (four months to one year) of the type 1 of the general traffic accident [the sentence] [the sentence] - Unfavorable circumstances: the victim suffered serious injury in need of approximately eighteen (18) care, while the victim's negligence in violation of the signal did not be somewhat weak; and the defendant suffered serious injury.

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