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(영문) 부산지방법원 2017.02.16 2016고정3980
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle BM3 in accordance with the Act on Special Cases concerning the Settlement of Traffic Accidents.

On July 18, 2016, the Defendant driven the above vehicle at around 13:50 on July 18, 2016, and led to the passing of the crosswalk from the intersection to the center of the mountain intersection at the end of the mountain intersection.

In this case, there was a duty of care to safely drive a person who is engaged in driving service to reduce speed and to check the right and the right and the right well.

Nevertheless, by negligence, the victim C (the 58 years of age) who was towing the above crosswalk from the right side of the running side of the Defendant Mamail-in vehicle to the left side of the bicycle was assigned to the front gate of the Defendant vehicle.

Ultimately, the Defendant suffered injury to the victim, such as elbow elbow bows, etc. in need of approximately two weeks of treatment due to the above occupational negligence.

2. The Defendant violated the Guarantee of Automobile Compensation Act, who owned the said car, operated the said car without mandatory insurance at the same time and place as that of the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident statement and a traffic accident occurrence report;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing CCTV files in and around the site;

1. Relevant Article 3(1) and the proviso to Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment; Article 268 of the Criminal Act; Article 46(2)2 and Article 8 of the Guarantee of Automobile Compensation Act; Selection of fines, etc. concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

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