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(영문) 대전지방법원 공주지원 2019.05.31 2019고단109
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

1. On December 8, 2018, Defendant A driven a Ccompi-sports cargo vehicle, and proceeded with it using a one-lane road in front of Cheongyang-gun, Cheongyang-gun, Chungcheongnamyang-gun, as the one-lane road.

At this point, there is a road where the center line of yellow-ray is installed, and on the opposite side line, the victim B (59 years of age) is driving, so there was a duty of care to thoroughly examine the rear side and safely drive the vehicle.

Nevertheless, the defendant neglected this and neglected to load the left-hand side of the cargo vehicle by neglecting it, and caused the front part of the above Otobane to be cut off to the irrigation waterways adjacent to the right-hand side of the road.

As a result, the Defendant suffered injury to the victim, such as the second left-hand balance of 8 weeks of medical treatment, and the pulverization of flavers, which need to be treated by the victim due to the above occupational negligence.

2. At around 19:30 on December 8, 2018, Defendant B driven an E-motor bicycle not covered by mandatory insurance without obtaining a motorcycle driver’s license from the front of the “G cafeteria” road located in Cheongyang-gun, Chungcheongnam-gun, Cheongyang-gun, to the front of the same military H, and without obtaining a motorcycle driver’s license from approximately 4km section, to the front of the same military H.

Summary of Evidence

1. Defendants’ respective legal statements

1. Reports on traffic accidents and investigation reports (defluormark);

1. Written appraisal of blood alcohol;

1. A medical certificate (B);

1. The register of driver's licenses -B, car4-E, mandatory insurance bureau-B;

1. Application of statutes on site photographs;

1. Article applicable to criminal facts;

A. Article 3(1) and proviso of Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents by Defendant A, Article 268 of the Criminal Act

B. Defendant B Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the point of running sound driving) and Article 154 Subparag. 2 of the Road Traffic Act.

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