beta
(영문) 서울동부지방법원 2020.02.04 2019고정1136

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B car car.

around 1:33 on August 20, 2019, the Defendant was proceeding in the direction of Macheon-distance on the front road of Songpa-gu Seoul.

The signal lights are installed on the front side of that place, and the crosswalks are installed, so the driver engaged in driving service has a duty of care to safely drive the front side and the left side, while the driver has a duty of care to safely drive according to the traffic signal.

Nevertheless, the Defendant neglected this and continued to proceed as it was, even though the electric signal was changed to a red signal.

The left side of the victim D (the age of 37) who opened the crosswalk from the right side to the left side according to the pedestrian's sign was shocked with the front right side of the defendant's vehicle.

As a result, the Defendant suffered from the above victim’s negligence in the above occupational negligence, such as “sacriffy in the opposite side,” which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. The actual survey report on traffic accidents;

1. A medical certificate (D);

1. Application of Acts and subordinate statutes to report investigation results;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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