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(영문) 서울중앙지방법원 2017.04.19 2016고정4198
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Criminal facts

On September 23, 2016, the Defendant, who is engaged in driving of B rocketing taxi owned by Gangwon-do Transport Co., Ltd., was driving the above taxi on September 23, 2016 and became to turn to the left at the two-lanes of the two-lane between the three-lanes in the direction of the Seoul High School in the direction of the Seoul High School from the beginning of the Seocho-gu Seoul High School.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, the Defendant neglected such duty and neglected to turn to the left while making a turn to the left, and brought down the front part of the victim’s driving DK5 si in front of the Defendant’s driving, which was directed under normal signals in the direction of the Western distance from the information room, into the front part of the Defendant’s driving.

Ultimately, the Defendant caused the injury to the above victim by occupational negligence, such as a peltoma, which requires approximately three weeks of medical treatment, the injury to the victim E, who is the passenger of the said K5 si, such as a multi-eroculation, which requires approximately three weeks of medical treatment, and the injury to the victim F, who is the passenger of the said rocketing si, was suffered by the injury, such as the heat, peltoma, peltoma, and the left-hand peltoma, etc., on which the number of days of medical treatment cannot be known to the victim F, who is the passenger of the said rocketing si.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a yellow survey report, and a vehicle photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. Selection of an alternative fine for punishment;

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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