beta
(영문) 서울동부지방법원 2013.10.14 2013고단2234

교통사고처리특례법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a 1 ton cargo vehicle B and C.

On August 9, 2013, at around 06:45, the Defendant driven the two-lanes in front of the GS construction site located in Seongdong-gu Seoul, Seongdong-gu, Seoul, at a non-speed speed, along the two-lanes from the direction of the yellow School to the intersection of the Yellow Zone 8.

On the one hand, there is a crosswalk on which signal lights are installed, so it was confirmed whether a person engaged in driving of a motor vehicle has the duty of care to reduce the speed for the person engaged in driving of the motor vehicle and to see it well, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected this and did not discover the victim C (the age of 48) who was crossing a bicycle on the right side from the left side of the crosswalk to the right side according to the pedestrian signal by negligence that continued to proceed at the same speed, even though the vehicle signal is changed to the stop signal, and did not discover the victim C (the age of 48). The Defendant got the victim's bicycle front wheel part with the front side of the cargo vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as 1, 2, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on traffic accidents and a report on actual condition;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act /

1. The instant accident with the reason for sentencing under Articles 70 and 69(2) of the Criminal Act is caused by the Defendant’s vehicle driving in violation of the Defendant’s traffic signal, and it is difficult to view that the Defendant’s negligence on the occurrence of the accident itself is less than that of the Defendant’s accident, and that the degree of the victim’s injury is considerably heavy is disadvantageous to the Defendant

However, the defendant has driven.