beta
(영문) 인천지방법원 2014.07.28 2014고단3769

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM7 car.

On March 13, 2014, the Defendant driven the above car on March 13, 2014, and proceeded directly with the intersection of the 236 Women's Center in front of the Yeonsu-gu Incheon Metropolitan City poppy-ro 236 Women's Center from the seat of the hotel to the seat of the Chuncheon distance.

Since a signal, etc. is installed, the driver has a duty of care to check whether a person engaged in driving service is a vehicle passing through the intersection by checking well the right and the right of the road, and to prevent the accident in advance by driving safely in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and proceeded as it was in violation of the stop signal, and the Defendant did not discover the DNAS car driven by the victim C (In this case, 38 years old) who was directly driven by the moving signal from the right side of the traffic direction to the left side of the road. The Defendant was also in front of the victim's car to the right side of the passenger car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately two weeks of treatment, and at the same time damaged the victim’s car by using approximately KRW 1,182,078 of repair cost, such as breaking forward and exchanging the passenger car in front.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on investigation;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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;