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Reasons
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(영문) 의정부지방법원 2014.12.18 2014고정1909
교통사고처리특례법위반
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Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives a K5-car.

At around 20:50 on May 22, 2014, the Defendant proceeded in the direction of the luminous direction from the luminous bank, where the center line of yellow solid lines is located in the Dmoel in Macheon-si C.

In this case, the driver of a motor vehicle has the duty of care to operate the motor vehicle accurately and the steering system of the motor vehicle and to safely drive the motor vehicle in good faith.

Nevertheless, the defendant neglected this and proceeded with the center line opposite to the other part of the victim E (the 43 years old, inn) who driven by the victim E (the 43 years old, inn) in the opposite part of the traffic, led the victim E to the right side of the vehicle in order to avoid the collision with the victim vehicle, and the direction side of the direction of the direction of the direction of the direction of the direction of the collision with the part of the driver's seat of the damaged vehicle.

Ultimately, the Defendant, through occupational negligence above, suffered from the victim G (the aged 45, female) who was accompanied by the verte seat of the victim’s driver’s seat (the aged 45, female) for about two weeks of medical treatment, and the cerebral finite in which there is no open room for three weeks of medical treatment, and the victim H(the aged 64, female) who was accompanied by the same back seat for two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident-related statement of E;

1. A traffic accident report, on-site map, on-site photographs at the time of the accident, and a survey report on the actual condition of the traffic accident;

1. Application of each statute of diagnosis to E, G, and H;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning facts constituting an offense;

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

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;

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