Text
Defendant shall be punished by a fine of KRW 5,000,000.
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 of B Poter cargo vehicles.
At around 18:50 on June 13, 2015, the Defendant proceeded at a speed of about 50 to 60km from the front side to 02 km.
There is a side road where the median line is not installed, and there is a place where a bendhead is not well secured. In such a case, the driver of the motor vehicle has a duty of care to check whether the motor vehicle is proceeding in a way that reduces speed and well sees the front side, and to drive the motor vehicle safely on the right side of the road.
Nevertheless, the Defendant neglected to do so, while setting a speed as above without being able to keep the front door, was taken the front side of the driver’s seat of the F Poter Cargo driven by the victim E (the aged 65) who was driving in the opposite direction of the road due to occupational negligence and without being sufficiently attached to the right side of the road.
이로 인하여 피고인은 피해자에게 약 14주간의 치료가 필요한 좌측 무릎뼈의 골절 등의 상해를 입게 하였다.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. On-site photographs of the accident site, requests for cooperation with investigation (fax transmission) and notification of the results of the traffic accident investigation and analysis;
1. Application of Acts and subordinate statutes to medical certificates (fax transmission);
1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act concerning criminal facts, the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) is that the defendant did not agree with the victim, the insurance coverage is a limited special agreement with the defendant's father, and thus the insurance coverage has not been applied, and the victim is likely to have been avoided by the course at the time of the accident, and the degree of injury of the victim is not much serious.