beta
(영문) 서울서부지방법원 2017.11.09 2017고단2677

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

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

around 16:40 on August 28, 2017, the Defendant driven the said car in Mapo-gu Seoul Metropolitan Government, and proceeded along the two-lanes between the two-lanes at the Mapo Tax Office and the Mapo Tax Office located in the boundary of the Mapo-si.

Since there is a place where the center line of yellow solid lines is installed, a person engaged in driving service has a duty of care to safely operate the tea by accurately operating the steering and steering gear.

Nevertheless, the Defendant was negligent in driving the said road by breaking the central line while neglecting it due to the stroke, and the victim D (48 tax) who was driving the said road at the seat of the Mapo Tax Office located on the opposite side of the Defendant’s running direction and was driving the said road at the top of the Mapo-gu in the direction of the Defendant’s driving.

Defendant 1 suffered, by such occupational negligence, the injury of the victim D, such as a 5-day aggregate balone, which requires approximately 8-day medical treatment for the victim D, the injury of the victim F (F, 29 years old) who was taking the shower car in the shower car, with approximately 2-day medical treatment for approximately 1-day medical treatment for the same victim G (W, 1 year old), respectively, and the injury of the thale, such as the thale that requires approximately 1-day medical treatment for the same victim G.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. Selection of selective fine for punishment (the error is recognized, the primary crime is the victim D's punishment is not punishable, etc.);

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

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