beta
(영문) 전주지방법원 정읍지원 2013.10.10 2013고단366

교통사고처리특례법위반

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Cone Star Cargo Vehicles.

On May 3, 2013, the Defendant driven the above vehicle on May 18:17, 2013, while proceeding about 76 kilometers in speed from the right side to the right side of the Masansan Village in the Masan-si, Seoan-gun.

In this case, since the surface has not been properly secured due to the decline of rain, the defendant engaged in driving service has a duty of care to prevent accidents in advance by observing 48 kilometers at a limited speed.

Nevertheless, when the defendant's negligence exceeds a limit of 28 kilometers, the defendant got a victim D (year 11) who crosses the road to the right side from the left side of the running direction of the motor vehicle on the right side.

As a result, the defendant suffered from the victim's focus on the fact that there is no open room for the victim's treatment for about 8 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident investigation report, on-site evidence and photographs;

1. Application of Acts and subordinate statutes to a copy of a diagnosis and opinion;

1. Article 3 (1) and the proviso to Article 3 (2) and the proviso to Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act (Consideration of Fines, the point of purchasing comprehensive insurance, and the point of agreement

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;