beta
(영문) 부산지방법원 2018.01.12 2017고정633

교통사고처리특례법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 19, 2015, the Defendant driven a B car on August 21, 2015, and proceeded to three lanes in the direction of the 11-lane in the direction of the Public Security Center to resign from the intersection of the Seodaemun-gu.

At that place, there is an intersection where the color signal, etc. is installed.

In such cases, the driver of a motor vehicle has a duty of care to confirm whether there is a motor vehicle that drives the motor vehicle along the intersection by reducing speed and taking into account well the direction of the road, and to prevent the accident in advance by safely driving the motor vehicle in accordance with the traffic signals.

Nevertheless, the Defendant neglected this and led the victim C(33 ) who was driving at the left turn in accordance with the left turn due to disregarding the fact that the front turn turn turn turn turn turn turn turn turn turn turn turn, and violated the signal, and the victim C(33 ) who was driving at the right turn turn turn turn turn turn turn turn turn turn turn on the road facing the direction of the operation.

As a result, the Defendant got the victim to move rapidly, and caused the victim E (V, 29 years of age) who is the same passenger of the driver's vehicle C and the driver's vehicle of the victim due to the shock, suffered from the injury, such as the cryp and the crypumum for each two weeks.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Investigation report by the prosecution (verification of the contents of the video contents);

1. A traffic accident report;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes to cover booms and images of the accident situation;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and 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 an alternative fine for punishment;

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;