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(영문) 서울서부지방법원 2018.03.22 2017고단3352
교통사고처리특례법위반(치상)
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Defendant shall be punished by a fine of KRW 3,000,000.

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 a CA100-wheeled vehicle.

On August 24, 2017, the Defendant driven the above vehicle on August 23:35, 2017, leading the front of the Eunpyeong-gu Seoul Metropolitan Government D to the end of the calendar distance from the edge of the rock.

Since there is a place where signal lights and crosswalks are installed, there was a duty of care to safely drive the vehicle after checking whether a person engaged in driving the vehicle is well able to observe the signal and there is no person walking the crosswalk.

Nevertheless, the Defendant neglected to do so and proceeded with the red stop signal while disregarding the red stop signal, and did not discover the victim E (V, 31) and the victim F (V, 29 years old) who cross the crosswalk to the right side from the left side of the running direction of the Defendant’s vehicle and shocked the victims on the front side of the Defendant’s vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim E (n, 31 years of age), such as brain salvy in need of treatment for about four weeks, and injury to the victim F (n, 29 years of age) in the part of the salvine salpy in need of treatment for about four weeks, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A written statement of the occurrence of each traffic accident;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 and 6 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 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. Consideration, such as the fact that the victims did not want the punishment of the defendant because they agreed with the victims of the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, and that the defendant is the first offender

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