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(영문) 광주지방법원 2014.04.04 2014고단385

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is engaged in the business of operating B-Labeer fast-fast-fast-fasts.

On December 21, 2013, at around 09:50 on December 21, 2013, the Defendant driven a above cargo vehicle and got to turn to the left the right at the intersection while driving a four-lane road in front of the Yeongdeungpo-gu, Gwangju Metropolitan City, Mine-gu along the transmission distance from the intersection of the transmitting station to the bank of the mine police station.

Since the signal, etc. is installed and traffic control is performed, there was a duty of care to prevent the accident by driving a person engaged in driving a motor vehicle according to his/her name.

Nevertheless, the Defendant neglected this and neglected to turn to the left in violation of the signal and received the front part of the freight vehicle driven by the Defendant, which was driven by the injured party C (hereinafter referred to as 52 years old) who was driven by the victim C (hereinafter referred to as the “C”) in accordance with the straight line from the jurisdiction of Gwangju Airport to the jurisdiction of the air station of Gwangju Airport.

Ultimately, the Defendant caused injury to the victim, such as salt and tensions that require approximately four weeks of medical treatment by occupational negligence as above, and at the same time damaged the front part of the said car owned by the victim by the amount equivalent to KRW 2,088,80.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report and on-site photographs;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 3 (1), the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 151 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a fine for selective punishment (the first offense without any previous conviction and the fact that any mistake is divided, etc.);

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;