beta
(영문) 대전지방법원 2021.01.07 2020고단2997

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 service of the KS5 car volume.

On May 5, 2020, the Defendant driven the above vehicle at around 08:10, and turned to the left at the speed of about 10 km/h, one way between the two-lanes in the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the traffic distance.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with traffic signals and prevent accidents in advance.

Nevertheless, the Defendant neglected this and neglected to turn to the left in contravention of the signal, and received the D-wing part of the victim C ( South, 41 years old) driving with the right side of the cargo vehicle and the front part of the driver's vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C such as salt, tension, etc. in need of medical treatment for about two weeks, and on the victim E (the age 41) who was on board the damaged vehicle, the Defendant suffered from the injury of the pipes and tensions in the part of the body of the victim (the age 39) who was on board the damaged vehicle for about two weeks, and the injury of the chills and tensions and tensions in the part of the body of the victim (the age 41) who was on board the damaged vehicle, and the injury of the chills and tensions that require medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. 교통사고발생상황보고, 교통사고 보고⑴⑵, 사고 현장사진

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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. The order of provisional payment order is issued for the reasons under section 334(1) or more of the Criminal Procedure Act;