beta
(영문) 서울동부지방법원 2017.08.24 2017고단1107

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 19:10 on November 13, 2016, the Defendant driven a car in the C Spo road located in the Seogdong in Gwangjin-gu Seoul Special Metropolitan City on the 19:10 on the 19:10, while driving the C Spo road in the direction of the ASEAN, the Defendant proceeded at an insular speed between five lanes in the direction of the military in the direction of the ASEAN.

At all times, the victim D(n, 35 years old) driving vehicles were waiting to turn to the left. In such a case, the driver of the vehicle has a duty of care to prevent accidents in advance by accurately operating the steering and steering gear, and maintaining the safety distance with the vehicle in the front section.

Nevertheless, the Defendant neglected this and failed to properly operate the operation system, and received the part of the victim's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as light signboards, which require approximately six weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents;

1. Written estimate and written diagnosis;

1. Application of Acts and subordinate statutes to the actual investigation report on traffic accidents;

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

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 was not agreed with the victim for the reason of the sentencing of the provisional payment order.

However, it is decided as per Disposition by taking into account all the factors of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, health status, family relationship, circumstance of crime, etc., in combination with favorable circumstances such as the fact that the defendant's vehicle appears to have been covered by liability insurance and the victim appears to have recovered from all civil damages, the confession and reflect of the crime, and the content and degree of the actual treatment of the