beta
(영문) 수원지방법원 2020.01.30 2019고단6551

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 dump truck.

On June 28, 2019, the Defendant driven the above truck on June 17, 2017:04, and driven the five-lane road in the front of the C in the eth of the C in the eth of the C in the direction of about 55 km each hour from D to the East Ho Park in accordance with five-lanes.

Since the location is a place where traffic is controlled with signal apparatus and crosswalks installed, it was confirmed whether a person engaged in driving motor vehicles has a duty of care to reduce speed and to see well the right and the right of the road, and to proceed according to the traffic signal.

Nevertheless, the defendant neglected this and neglected to turn to the left, and caused the victim E (the 21-year old age) who cross the crosswalk from the right side of the vehicle to the left side in accordance with the pedestrian signals to go to the left side of the vehicle's driving direction, to go beyond the ground.

After all, the Defendant suffered from a serious injury, such as dives cutting of dives that require medical treatment for approximately 12 weeks, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual survey report and the report on the occurrence of any traffic accident;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image), investigation reports (receiving opinions on serious injuries), and investigation reports (whether or not victims are injured by serious injuries);

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, by negligence in violation of the signal, sustained the injury of the victim on the crosswalk and the degree of injury suffered by the victim is also more severe than that of the defendant.

Defendant

taking into account the characteristics of the vehicle.