beta
(영문) 전주지방법원 군산지원 2014.04.30 2014고단115

교통사고처리특례법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the driving of Oraba, C.

At around 18:35 on January 20, 2014, the Defendant driven the above Oralba, and led the doctoral pharmacy located in Yasan-si, Yasan-si to go ahead of the doctoral pharmacy at the Yasan-si.

Since the location is equipped with signal apparatus and crosswalks are installed, there was a duty of care to prevent accidents in advance by examining whether a person who is engaged in driving service of the off-to-land safely drives the crosswalks in accordance with the new code.

Nevertheless, the Defendant neglected to do so and proceeded with red signal as it is, instead, received the victim D (56 years old) who cross the crosswalk from the right side of the crosswalk to the left side in accordance with the pedestrian signals.

As a result, the Defendant suffered from occupational negligence that requires approximately nine weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 1 and 6 of the Act on Special Cases concerning Settlement of Traffic Accidents According to the relevant Act concerning facts constituting an offense, and Article 268 of the Criminal Act;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. The reason for sentencing under Article 59(1)(i) of the Criminal Act (i.e., the following favorable circumstances) of the suspended sentence is that the Defendant violated the signal and caused serious injury to the victim of the crosswalk while driving on the crosswalk. However, the responsibility for the instant crime is no less than that of the Defendant. However, the Defendant was the primary offender, the victim agreed with the victim, and the victim did not punish the Defendant, and the Defendant was delivered while working on the part of the Defendant for the preparation of school expenses.