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(영문) 광주지방법원 2016.02.04 2015고정2041
교통사고처리특례법위반등
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On September 26, 2015, the Defendant driven the above vehicle at around 04:00, the Defendant left the intersection of the shooting distance in front of the two-dong bridge in Seo-gu, Seo-gu, Seo-gu, Gwangju, with the view to the protection of the deaf-do square at the Myeon-dong, Seo-gu.

Since there is a place where traffic is controlled by traffic signal, etc., in such a case, there was a duty of care to reduce the speed to a person engaged in driving service and to prevent accidents in advance by safely proceeding in accordance with the traffic signals through the safe operation of the vehicle.

Nevertheless, the Defendant neglected this and received the part of the victim C(31) driving in front of the cruise car, who was holding the said intersection from the right-hand side of the Defendant’s course to the left-hand side of the said intersection in accordance with the new code, due to the negligence of the Defendant’s negligence in violation of the signal.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C and the victim E (V, 31 years old), respectively, on the part of the victim E (V) who was on board the victim C and the damaged vehicle, and at the same time, damaged the damaged vehicle owned by the victim C by KRW 5,734,702 as repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the relevant Acts and subordinate statutes to a survey report on actual condition, signal system map, each diagnosis report, estimate, and photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning facts constituting an offense;

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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