(영문) 대전지방법원 2017.03.29 2016고단3907

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(영문) 대전지방법원 2017.03.29 2016고단3907

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a car in CMW320i.

On April 21, 2016, the Defendant proceeded at a speed of about 70km from the side of the rooftop to the side of the side of the company, along with the two-lanes, on April 21, 2016, at approximately 00:35, the two-lanes in the front direction of the company, Jung-gu, Daejeon.

The location is 60 km at every hour, and the surrounding area is knife at the night time, and the surface was milched, so in such a case, the driver of the motor vehicle has a duty of care to operate the motor vehicle at a speed that reduces 20/100 from the restricted speed and to ensure that the driver of the motor vehicle is obliged to safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, the defendant neglected this and did not find out the victim F(53 years old) to stand the crosswalk from the right side of the defendant's moving direction to the left side, and did not find the victim F(53 years old) to the left side, and received the front side of the driver's vehicle by the defendant.

As a result, the Defendant suffered injury to the victim by occupational negligence, such as abandonment abandonment closure, which requires approximately 18 weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with respect to G or F;

1. A traffic accident report;

1. An accident scene photograph;

1. C Blucs and video CDs;

1. The defendant alleged that there was no negligence on his part, but according to the above evidence, the fact that the victim was unauthorized to cross the case without permission at night, but the defendant found the victim immediately after finding it at the wind speed and caused the accident in this case.

Since it is reasonable to see that the above argument by the defendant is not accepted, the application of the law is not accepted).

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

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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