(영문) 수원지방법원 2019.11.28 2019고단3628

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(영문) 수원지방법원 2019.11.28 2019고단3628

교통사고처리특례법위반(치상)

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 Bran vehicle.

At around 07:20 on April 20, 2019, the Defendant proceeded at about 60km in the speed of 10km from the direction of the new distance to the direction of the viewing of the four-lane in front of the fishing distance, which is located as the main unit of the Yeongdeungpo-si, Young-si.

At this point, there was a blind-distance intersection where signal lights are installed on the front side, so there was a duty of care to see the front side to the person engaged in driving of the motor vehicle and safely drive the motor vehicle in accordance with good faith.

Nevertheless, the Defendant neglected this and received the front part of the DNA car driving by the injured party C(30 years of age) who was making a left-hand turn in accordance with the new code due to negligence, even though the former signal was sent to the left-hand turn, and received the front part of the said franchise vehicle.

As a result, the Defendant suffered injury to the victim, such as cutting down the right door and cutting down the non-permanent bricks, which require approximately 14 weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to a traffic accident report (referring to a photograph or a visual impairment);

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, the selection of imprisonment without prison labor

1. The sentence of Article 62(1) of the Act on the Suspension of Execution is based on the following factors: (a) the Defendant was at fault of the Defendant for the reason of sentencing, and the injury of the victim was serious; and (b) the circumstances favorable to the Defendant, such as the Defendant’s primary offender, and the Defendant’s primary offender by agreement with the victim and the victim wishing to have the Defendant’s wife, are considered; and (c) all of the sentencing conditions indicated in

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

유사 판례

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