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(영문) 춘천지방법원 속초지원 2014.03.19 2013고정255
교통사고처리특례법위반
Text

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

If 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 engaging in driving a rocketing car.

On July 11, 2013, around 14:43, the Defendant proceeded with a two-lane road in front of the store of the “Gangi-si Man-dong,” which is in the Geum River-dong, from the public playground to the Geum River-dong, about 60km each hour from the public playground.

At the time, it was difficult to stop the surface due to the malfunction of the road at the time, and there was a crosswalk installed on the front door, so the driver of the motor vehicle had a duty of care to prevent the accident in advance by driving the motor vehicle in advance by safely examining whether there is a pedestrian who gets on the crosswalk while driving in advance.

Nevertheless, the Defendant neglected this and neglected to set a speed to the front side of the vehicle and neglected to do so, and caused the body of the victim C (M, 78 years old) who walked to the port from the right side of the course of the Defendant to go beyond the front part of the said vehicle.

Ultimately, the Defendant suffered brain injury, etc. to the victim for about eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of the Act and subordinate statutes on the actual condition survey report and accident site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, the selection of fines;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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