beta
(영문) 광주지방법원 2016.10.18 2016고정1451

교통사고처리특례법위반(치상)

Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

The defendant is a person engaged in driving a B-to-pur vehicle.

On July 4, 2016, the Defendant driven the above vehicle on July 4, 2016, and led the two-lane road in front of the D Licensed Real Estate Agent in Seo-gu, Gwangju to proceed along the two-lane road in front of the D Licensed Real Estate Agent in Seo-gu, Gwangju.

At the front of the crosswalk, the crosswalk has been installed, so in such a case, a person engaged in driving service has a duty of care to temporarily stop in front of the crosswalk so as not to obstruct the passage of the pedestrian or endanger the pedestrian, and to prevent the accident in advance.

Nevertheless, the defendant neglected this and received the front part of the victim E (the 57-year old left side) for the above physically handicapped person crossing the crosswalk from the right side of the defendant's proceeding to the right side of the vehicle of the defendant.

As a result, the Defendant suffered injury to the victim at least 4 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to traffic accident reports, diagnosis certificates, photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268

1. Articles 70 (1) 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;