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(영문) 서울남부지방법원 2019.08.13 2019고단1885
교통사고처리특례법위반(치상)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who is engaged in the operation of the C. E. S. T. S. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T

At this point, there is a place where the center line of yellow solid lines is installed and there is an intersection in the front line, so there was a duty of care to see the front line and the left and the right of the driver of the vehicle, and to safely proceed with the vehicle in good faith.

Nevertheless, the Defendant neglected this and went to the center line after passing one lane, which is a bus-only lane, and the Defendant was negligent in driving the towing vehicle of the Defendant from the opposite lane to the opposite lane, and received D's 25 years old driving by the victim C(25 years old) who turn to the left from the front of the towing vehicle of the Defendant.

As a result, the Defendant suffered injury to the victim, such as 5 weeks of medical treatment, 8 weeks of occupational negligence, and 5 weeks of mixed separation.

Summary of Evidence

1. Defendant's legal statement;

1. A yellow survey report, a blackbbox image CD;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Selection of alternative imprisonment without prison labor;

1. Determination of the same sentence as the order shall be made in consideration of the overall conditions of sentencing as shown in the pleadings of the instant case, such as traffic accident and bodily injury caused by the reason of sentencing under Article 62(1) of the Criminal Act, the degree of illegality of the Defendant’s negligence, the father and degree of injury, agreement, traffic record and number of traffic offenses

It is so decided as per Disposition for the above reasons.

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