beta
(영문) 서울중앙지방법원 2015.06.17 2015고단2736

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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 the operation of Category C Launa car.

On March 28, 2015, the Defendant driven the above car on March 10, 2015, and tried to drive the road along four-lanes from the southwest of the Hannam-dong, Seoul to the northwest of the Hannam-do, Seoul, along four-lanes from the southwest of the Hannam-do, to the northwest of the Hannam-do, and to enter the southwest.

At the same time, there was a crosswalk at the front of the road, and thus, there was a duty of care to check whether a person engaged in driving a motor vehicle has a road to reduce the speed and to see well the front door, and to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and got the victim D (38 years of age) crossing the bicycle from the right side of the proceeding direction to the left side by his negligence, which led the bicycle, into the front part of the Defendant’s vehicle, and exceeded the floor.

Ultimately, the Defendant suffered approximately eight weeks from the above occupational negligence to the victim’s body felball in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A traffic accident report;

1. Photographs;

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

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;