beta
(영문) 부산지방법원 2017.08.11 2017고단2953

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car i30.

On May 10, 2017, the Defendant driven the above car at around 06:50, and driven the road of the two-lanes in front of the F pharmacy located in Busan-gu, Busan-do, with one-lane from the intersection of the opening to the 0km from the intersection of the opening to the 0km.

Since there is a crosswalk that does not have any signal on the front side, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a road to reduce the speed and to see well the right and the right of the front side and to drive the motor vehicle safely.

그럼에도 불구하고 피고인은 이를 게을리 한 채 그대로 진행한 과실로, 위 횡단보도를 우측에서 좌측으로 횡단하던 피해자 G(79 세 )를 뒤늦게 발견하고 급제동 조치를 취하였으나, 미처 정지하지 못하고 위 승용차의 좌측 앞 범퍼 부분으로 피해자의 다리 부분을 들이받아 피해자가 그 충격으로 튕겨 올라가 위 승용차의 유리창에 피해자의 몸통을 부딪치게 한 다음 땅에 넘어지게 하였다.

Ultimately, the Defendant suffered injury to the victim, such as cutting down the body of the left-hand body in need of approximately 10 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. One traffic accident report (on-site investigation report);

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

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although Article 334(1) of the Criminal Procedure Act provides that the criminal liability for inflicting serious injury on a victim due to negligence of the defendant's minor reasons for the sentencing of Article 334(1) of the Criminal Procedure Act does not correspond to that of the defendant, the defendant's age, sex, and other acts of the defendant, such as the fact that the defendant's misunderstanding is recognized and contradictory, that the victim does not want punishment by agreement with the victim.