beta
(영문) 수원지방법원 성남지원 2014.12.22 2014고단2636

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

On September 22, 2014, the Defendant was driving a B-to-pubed car at around 22:20 on September 3, 2014, and led to the driving of the D-to-pubed car in Gwangju City, a road of one lane in front of the D-to-plow driving range in Gwangju City, directly facing the water light park.

At the time, the crosswalks are installed at night and at the same time, so in such cases, the defendant engaged in driving a motor vehicle has a duty of care to check whether there is a person walking the crosswalk by reducing the speed and by properly examining the front left, and to safely drive the crosswalks.

Nevertheless, the defendant neglected to do so, and the defendant did not discover the victim E (the age of 42) who walked along the crosswalk from the left side of the defendant's right side to the right side, and shocked the victim in front of the defendant's vehicle.

Ultimately, the Defendant caused the victim to suffer injury, such as a chilling of the 4th main sentence, which requires approximately three weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

1. Each medical certificate and investigation report (verification of the number of days of diagnosis);

1. Application of Acts and subordinate statutes on site map and on-site photographs;

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 6 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the defendant selected a fine under Article 268 of the Criminal Act, caused a traffic accident by gross negligence, and caused the victim to suffer an injury as stated in the judgment, and thus, cannot be assessed somewhat against the nature of the crime and crime, such as the fact that the accident vehicle is covered by a comprehensive insurance, and most of the medical treatment and recovery of damage to the victim are realized, and it is against the fact that the error is recognized and reflected.