beta
(영문) 인천지방법원 부천지원 2012.12.26 2012고정2075

교통사고처리특례법위반

Text

Defendant shall be punished by a fine not exceeding seven hundred thousand won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is engaged in the operation of Brocketing car.

On September 14, 2012, the Defendant driven the said car at a speed of 04:00, while driving it on September 14, 2012, and driving the said car at a speed of 1132 lanes from the south and south of the city of Seocheon-si, Seocheon-si, to the right side of the 1132-way road at which the speed cannot be known depending on the two-lanes between the three-lanes.

Since there is an intersection with a signal apparatus installed, there was a duty of care to prevent accidents in advance by safely driving in accordance with the signals directed by reducing speed to a person engaged in driving of a vehicle and by safely driving the signal, etc., the Defendant neglected this duty and received the part left behind by the victim C (52 years of age) who violated the vehicle stop signal and proceeded to the south and left from the edge of the middle-dong model, due to the negligence that the victim C (52 years of age) driven by the driver to the south and the left from the edge of the vehicle in front of the above vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident occurrence report;

1. On-site photographs, etc.;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;