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(영문) 의정부지방법원 고양지원 2020.04.16 2020고정13
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of four 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 drives a vehicle B with low bid as his duties.

On September 19, 2019, the Defendant driven the above vehicle on September 19, 2019, and passed the intersection from the lake to the breadth of the Ansan Park, which is a signalling 88-ro, Mangsan-gu, Mangyeong-gu, Mangyeong-do.

In such cases, since a person engaged in driving service has a signal, he/she has a duty of care to prevent accidents by safely passing through the intersection according to the front signal.

Nevertheless, due to the negligence of entering the intersection at the time of the red signal, the victim C (43 years of age, South) who passed the intersection from the right edge to the right edge in accordance with the straight-line signal from the right edge of the signal was driven by the victim C (43 years of age, South).

Ultimately, by occupational negligence, victims E(63 years of age, remaining), F(26 years of age, leisure), G (62 years of age, leisure), H(39 years of age, south), I(62 years of age, leisure), J (26 years of age, leisure), K (23 years of age, South), L(31 years of age, leisure), M (25 years of age, leisure), N(53 years of age, leisure),O (29 years of age, south) need to provide approximately two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each written diagnosis;

1. The “influence” stated in the actual condition survey report, traffic accident situation report, accident site photographs, and vehicle image analysis evidence list shall be corrected as it appears to be a clerical error.

Application of Acts and Subordinate Statutes

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 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 (2) of the Criminal Act for the detention of a workhouse;

1. Although the defendant for sentencing of Article 334(1) of the Criminal Procedure Act recognizes his/her criminal act, the defendant was an enemy signal.

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