교통사고처리특례법위반(치상)
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The Defendant is a person engaged in driving CV vehicles.
On December 14, 2017, the Defendant driven the above vehicle at around 06:10, the Defendant driven the above vehicle and driven the two-lane 3 lane in front of the 2nd modern Home Center in Yongsan-gu, Seoyang-gu, Busan Metropolitan City, Seoyang-si, with two-lanes of speed 70km each hour from the surface of the Gansan Hospital to the surface of the Hansan Underground Road.
There is a duty of care to prevent accidents by complying with the speed limit, fulfilling the duty to see on the front time, and operating the steering gear and brake system accurately, since the restricted speed is 30 km per hour because it is a children protection zone, and it is 30 km.
Nevertheless, the Defendant neglected this and neglected to set a speed exceeding 40 km per hour, and received the victim D(70) and the victim E (81) who illegally crossed the road in the vicinity of the crosswalk from the right-hand side of the vehicle of the Defendant, to the left-hand side, from the right-hand side of the road.
Ultimately, the Defendant suffered from the victim’s occupational negligence such as the victim’s injury to D, including the pressure 12 weeks of pressure, etc., and the victim E suffered injury to the victim E, such as the knee part requiring approximately 2 weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. A medical certificate;
1. Application of Acts and subordinate statutes to investigation reports (related to victim E statements), investigation reports (related to victim D statements), investigation reports (related to the results of appraisal by the National Institute of Scientific Investigation);
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 an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) of the Criminal Procedure Act is highly likely to exceed the limit of the defendant, and in the case of the victim D, the degree of the injury is not provided against the victim D.