(영문) 대전지방법원 2019.05.16 2019고단261

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(영문) 대전지방법원 2019.05.16 2019고단261

교통사고처리특례법위반(치상)

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Defendant shall be punished by a fine of KRW 5,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a K3 car.

On October 12, 2018, the above car was driven by the driver around 01:15, and the road was driven by the intersection of the village street with a large village distance in the Seo-gu Daejeon, Seo-gu, Seo-gu, Daejeon, to turn to the left at the right right distance from the tring and south of the land.

Since there are four streets in which signal apparatus has been installed, the defendant engaged in driving service has a duty of care to safely turn to the left by examining the front and rear left according to the direction of signal apparatus.

Nevertheless, the Defendant neglected this and received the front part of the victim C(78 years old) driving in the direction of the right side of the said vehicle by negligence, which caused the left-hand turn to the right side of the said vehicle, from that point of view, to the right side of the said vehicle.

Ultimately, the Defendant suffered, by its occupational negligence, the injury of vertebrates, etc., which requires approximately 12 weeks of medical treatment, and the injury of chills, tensions, etc., which requires approximately 2 weeks of medical treatment, and the injury of the victim E (Vs, 33 years of age) who is the passenger of the damaged vehicle, such as divers of felf, etc., requiring approximately 21 days of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the Act and subordinate statutes to the actual survey report and investigation report;

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

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

1. Selection of an alternative fine for punishment;

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

1. A favorable circumstance such as that the injury of the victims of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act is not easy, and that the defendant's negligence is serious, and that it is against the defendant's wrong behavior with his age, and that it seems that the damage of the victims can be recovered due to the insurance purchased by the defendant's driver's vehicle.

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