beta
(영문) 서울중앙지방법원 2016.05.18 2016고단1674

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On December 21, 2015, the Defendant driving a car between B B B around 00:08, while driving a four-lane in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, at a speed of about 91km at a speed of about 91km, depending on one-lane distance from the string of the new street.

Since the restriction speed is 60 km per hour, the defendant who drives a motor vehicle had a duty of care to prevent accidents in advance by complying with the restriction speed and safe driving by safely driving the motor vehicle.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded at a speed exceeding 31 km per hour, the Defendant found the victim D (66) crossing the above road to the port from the right side of the running direction of the Defendant’s vehicle late, and operated it rapidly. However, the Defendant did not avoid the vehicle, and did not go beyond the floor by receiving the victim’s bridge and head from the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as a mouth 2, which requires treatment for about three months, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. A CD containing any CD images around the site;

1. On-site photographs;

1. The comprehensive analysis reply from the Road Traffic Authority;

1. Investigation reports (reports on confirmation of road speed limits on the occurrence of accidents);

1. Investigation report (to hear statements from a person in charge of appraisal of an accident at the Road Traffic Authority or a report);

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

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

1. Selection of a selective fine (in excess of 30 km, driving at a speed exceeding 30 km). The Defendant’s negligence is not less than that of the Defendant, but the victim suffered heavy injury. Meanwhile, the victim provided the cause of the accident by crossing the road without permission, thereby causing the traffic accident to the victim.