beta
(영문) 전주지방법원 2017.10.24 2017고정560

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of two 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 motor vehicle with detached motor vehicle owned by himself/herself.

On May 2, 2017, the Defendant driven the above vehicle on May 15:10, 2017, and moved off the Dwabing Drier C, which is located in Tonsan-gu, Jeonju-si, to the speed of about 30 to 40km in speed from the direction of the Seoul Metropolitan Police Station in the Jeonju-gu.

Since a crosswalk is installed, there was a duty of care to check whether a person engaged in driving service has a way to reduce speed and to see well the right and the right of the road, and to drive safely.

Nevertheless, the Defendant neglected to do so and immediately proceeded with it, and the Defendant received the left-hand body part of the victim E (n.e., 60 years old) who opened the crosswalk from the right-hand side of the vehicle at the time of the end of the vehicle at the time, from the right-hand side of the vehicle at the time, to the front-hand part of the hurged vehicle.

As a result, the Defendant suffered injury, such as abandonment on the left-hand flag, which requires approximately 11 week medical treatment to the victim E due to the above occupational negligence, and pulverging flaver, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. On-site photographs;

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

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. Selection of an alternative fine for punishment;

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

1. In light of the following circumstances: (a) agreement has been reached with the victim on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act; (b) the vehicle involved in the marine accident was covered by comprehensive insurance; and (c) the circumstance and consequence of the instant accident; and (d) the Defendant’s age, occupation, and living environment;