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(영문) 인천지방법원 부천지원 2016.10.13 2016고정995
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 a new siren driver's vehicle B.

On July 9, 2016, the Defendant driven the above vehicle around 03:20, and proceeded at a speed of about 50 km in the direction of the Incheon inspection group in Seoul, along the four-lane road in front of the D shooting distance in Kimpo-si C.

At the same time, there is an intersection where signal lights are installed.

In this case, the driver of the motor vehicle has a duty of care to check whether there is a motor vehicle that drives the motor vehicle to cross the intersection by reducing speed, keeping the front door well, and to prevent the accident by driving the motor vehicle safely according to the traffic signal in advance.

Nevertheless, even though the Defendant neglected this and the frontway signal was changed to a stop signal, the Defendant continues to proceed at the same speed in violation of the signal.

From the right side of the proceeding to the left side of the vehicle, the victim E (50 years of age, South) driven by the crossing in accordance with the new subparagraph of the left-hand turn, conflicts with the left-hand side of the vehicle.

As a result, the Defendant suffered, by negligence in the course of business, the injury to the victim E, such as “heat with no two indoors,” which requires a three-day medical treatment, and the injury to the victim G of the damaged vehicle, such as “satum satum, tension,” which requires two-day medical treatment for the victim G.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual survey report and the report on the occurrence of a traffic accident, and each diagnosis report;

1. Application of the Acts and subordinate statutes concerning photographs and black boxes video materials;

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 facts constituting an offense;

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 to attract a workhouse;

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

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