교통사고처리특례법위반(치상)
Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is a person who is engaged in driving of D High Class III cargo vehicles.
On June 15, 2016, the Defendant driven the above cargo vehicle around 13:46 on June 15, 2016, and made the left turn to the right turn from the front side of the tri-distance intersection at the entrance of the Man-dong Incheon apartment at the time of the race.
Since there is a three-distance intersection where signal lights are installed, there was a duty of care to check the surrounding traffic situation and safely drive the signal in order to prevent accidents in advance.
Nevertheless, the Defendant neglected to do so and instead entered the intersection in a yellow fresh, and violated the signal, received the front portion of the 250CC 250 driver’s two-way driver’s license in front of the Defendant’s cargo vehicle, a Chinese passenger E (E, 57 years old) who entered the intersection in a red frecing signal in violation of the signal on the racing from the direction of the Magsan to the direction of the racing.
Ultimately, the Defendant suffered injury to the victim, such as leaving the right-side unit, which requires approximately 12 weeks of treatment, due to such occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspects of E;
1. Application of Acts and subordinate statutes to a photograph by reporting the occurrence of a traffic accident, a report on actual condition investigation, each diagnosis letter, on-site CCTV CDs, or capturing on-site CCTVs;
1. Article 3(1) and the proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Concerning Criminal Facts, and Article 268 of the Criminal Act (excluding a punishment, a set-off, a set-off by the defendant's negligence in violation of the signal signal, and thus, the nature of the crime is not less than that of causing traffic accidents, but a fine shall be selected in consideration of the following: (a) the confession of the defendant; (b) the victim made an agreement with the victim; (c) the victim's negligence entering the intersection of the red signal was a part of the occurrence of the instant case; and (d) the first offender.