beta
(영문) 의정부지방법원 2017.08.24 2017고정2006

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On December 22, 2016, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the District Court, and the judgment became final and conclusive on June 10, 2017.

The defendant is a person who is engaged in driving a motor device or bicycle.

On October 6, 2016, the Defendant, at around 10:50, proceeded at a speed of about 60km from the side of the parliamentary government to the side of the four-lane road in front of the D cafeteria in the Namyang-si, Namyang-si.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the traffic signals, while checking whether there is a person who renders a way to reduce the speed and to see well the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to examine and proceed with the PDA installed on the bicycle for the above engine device, and found that the signal from the front side is late to change to the stop signal, but he was pushed ahead of the motor device bicycle. However, while being pushed ahead in the future, the victim E (77 years) who opened the crosswalk in accordance with the pedestrian signals from the right side of the wind course to the left side of the crosswalk, was in front of the bicycle.

Ultimately, the Defendant suffered injury, such as a cage cage cages, which requires approximately four weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, an on-site map and photograph of a traffic accident, a report on internal investigation, a written statement of the occurrence of a traffic accident, and a report on internal investigation (or initial receipt of medical certificates and comprehensive insurance certificates verifying subscription to insurance);

1. Application of an inquiry letter, such as criminal history, and reporting on the result of confirmation before and after the disposition;

1. Relevant legal provisions of the relevant criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act, Article 268 of the Criminal Act, and selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70 of the Criminal Act to attract a workhouse.