beta
(영문) 대전지방법원 공주지원 2016.10.21 2016고정60

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is engaged in driving two cargo vehicles B.

At around 08:40 on March 17, 2016, the Defendant made a left turn to the right direction from the south of 3-distance at the south of the Cheongyang-gun, Chungcheongnamyang-gun.

There are three-distance crossings where traffic is not controlled.

In such cases, the driver of a vehicle who intends to make a left-hand turn shall have the duty of care to give the right of way to the other vehicle when there is another vehicle going through the intersection and prevent the accident in advance.

Nevertheless, the defendant neglected to do so and proceeds as it is.

The parts adjacent to the left-hand side of the DPoter 2 driven by the victim C (the 42-year-old, South) who is directly driving in the direction of the Boban.

As a result, the defendant suffered an injury to the victim C by negligence in the course of his duties for about three weeks, such as a lusheal salt, the right-hand salt, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each E statement;

1. A report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident, and a report on investigation;

1. Application of Acts and subordinate statutes to medical certificates, on-site photographs (three copies), CD 1 CDs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of Article 334(1) of the Act on Provisional Payment Order is that the degree of injury of the victim caused by the instant traffic accident is not minor, but the defendant is led to confession as a primary offender

In this context, considering various circumstances such as the defendant's age, character and conduct, health, home condition, background of the crime, and circumstances after the crime, the punishment shall be determined as ordered.