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(영문) 수원지방법원 평택지원 2020.06.02 2019고단1921
교통사고처리특례법위반(치상)
Text

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

However, 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 is a person engaged in the operation of BMW car.

On August 19, 2019, the Defendant driven the above vehicle on August 11, 201:20, and driven the front of the full-time road, which is located on the road of the Authority of the same paragraph, at the speed of about 60km from C to D, depending on the two lanes between C and D.

At this point, since the center line of yellow-ray is installed, the driver has a duty of care to thoroughly operate the front line and to safely operate the wheel line.

Nevertheless, the Defendant neglected to drive a vehicle beyond the central line and received the front pent part of the F concrete mixtures Truck in front of the FMW car in front of the said BMW car, which is driven by the injured party E (ma, 60 years old) driving on the opposite opposite lane.

Ultimately, the Defendant suffered, by such occupational negligence, the injury of the victim E, such as duplicating duplicating (closedness), etc. of the cuplicus of which requires approximately 5 weeks of medical treatment, the injury of the victim G (n't, 26 years of age) on the part of L1, which requires approximately 7 weeks of medical treatment, and the injury of the victim H (n't, 48 years of age), such as cuplicities, tensions, tensions, etc. which require approximately 3 weeks of medical treatment, and the injury of the victim I (n't, 42 years of age) such as cuplicities and tensions that require approximately 6 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents, reports on the occurrence of traffic accidents, and medical certificates;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The elements of sentencing specified in Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, Etc., and the age, character and conduct, environment, motive, means, and consequence of the crime committed by the defendant on the grounds of sentencing.

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