beta
대구지방법원 경주지원 2018.04.12 2017고정235

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives a sealed cargo vehicle B.

On August 9, 2017, the Defendant driven the above vehicle at around 12:00, while driving the front side of the racing C along the direction to the coast from the direction of the coolant, the Defendant was driving to the left left on the upper side of the side of the direction left.

At the time, the place is where the center line of yellow solid lines is installed, so a person engaged in driving a motor vehicle has a duty of care to prevent traffic accidents by safely driving the motor vehicle, such as not exceeding the center line.

Nevertheless, the Defendant neglected this, while driving the above cargo vehicle, and proceeded from the fright side of the coast facing the central line to cooling, due to the negligence of frightening it, with the front front of the above cargo vehicle, the victim D(59) driving the fright side of the fright side of the fright side of the fright line.

Defendant 1 caused the injury to the victim D by occupational negligence in light of the following: (a) the victim F (F) who is the passenger of the said passenger car, to suffer from the injury of the fluoral and fluoral dye for about three weeks in need of treatment; and (b) the victim F (F) who is the passenger of the said passenger car at around 57 years in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the Police Statement with D - Medical Certificate (D), Medical Certificate (F)

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents;

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

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;