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(영문) 수원지방법원 2018.09.20 2018고정1212
교통사고처리특례법위반(치상)
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B-II cargo vehicles.

On June 4, 2018, the Defendant driven the above vehicle at around 12:05, and proceeded to turn to the left in the direction of a new distance between D gas stations located on the road side and D gas stations located on the road side.

Since there is a center line, there was a duty of care to not turn left to the opposite direction beyond the center line.

Nevertheless, the Defendant neglected this and took the lead of the opposite side by the negligence going to the left turn beyond the center line, which led the opposite side in the direction of the office at the right-side of the victim E (Y, 53 years old) driving in the direction of the new distance, and received the front part of the left-hand side of the vehicle.

Ultimately, the Defendant suffered from the injury of the victim, such as the closed dysium, including four or more cages requiring six weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. Application of film laws and regulations of black boom CDs;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was that the victim was hospitalized after suffering from an injury, such as four or more cages, which requires six weeks of medical treatment. The victim’s injury is considerably heavy, the Defendant’s gross negligence can be deemed as gross negligence, and the Defendant was detained since the victim received first.

b) there is a serious radius;

In consideration of the fact that it cannot be seen, the amount of fine for summary order shall be increased.

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