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(영문) 서울서부지방법원 2019.09.10 2019고정434
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On October 13:35, 2018, the Defendant driven the above car and proceeded three lanes from the inside circulation of Mapo-gu Seoul Metropolitan Government to the 3-lane of gender lamps.

At the time, the surface was milched with rain, and the vehicle was stopped on the front side of the defendant, so there was a duty of care to prevent accidents in advance by thoroughly operating the vehicle's steering duty and accurately manipulating the steering direction and brake system of the vehicle.

Nevertheless, the Defendant neglected this, due to the negligence of finding at the latest a stopped vehicle, caused the back part of the D Poter Cargo Vehicle in the front of the Defendant to be the front part of the Defendant’s vehicle, and due to the shock, the said Poter Cargo to be the front part of the victim E(62 years old) driving, and the said Pool Vehicle to be the rear part of the F Pool Motor Vehicle in the front of that vehicle. In addition, the Pool Motor Vehicle was hren of the victim G(W, 57 years old) who stopped in the front.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim E, such as chrode, tensions, etc. in need of approximately 2 weeks of medical treatment, injury to the victim I (the age of 67) who was aboard the vehicle E, and injury to spine febrates, chills, and tensions that require approximately 12 weeks of medical treatment, and injury to the victim G, such as chills, tensions, and tensions that require approximately 2 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in C, J, E, and G;

1. The actual survey report and the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to a report on investigation (verification, such as a medical certificate and estimate);

1. Article 3 (1) of the relevant 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 of the Criminal Act for the detention of a workhouse.

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