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(영문) 서울남부지방법원 2018.04.19 2018고정279
교통사고처리특례법위반(치상)
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Defendant shall be punished by a fine of KRW 1,500,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On June 27, 2017, the Defendant driving a B taxi on June 22:15, 2017, and led the Yeongdeungpo-gu Seoul Metropolitan Government Sinsan-ro 141 Yeongdeungpo-gu Office Building Streets along four-lanes in the direction of the Yeongdeungpopo Police Station at the entrance of the highway at the seat of the border.

Since the location is an intersection where signal, etc. is installed, the driver had a duty of care to live well with the signal, etc. and to drive safely in accordance with the signals.

Nevertheless, the Defendant neglected this and proceeded with the victim C (31 tax) who was driving in two lanes in the same direction with the same direction, and the front part of the driver's car in front of the driver's car of the Defendant, also conflict with the front part of the driver's car in front of the left side of the Defendant.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as fingers, knife, knife, knife, knife, knife, etc., which require hospital treatment for about 10 days.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Blue images of damaged vehicles;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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;

1. In full view of the following factors: (a) the Defendant’s negligence on the grounds of sentencing in the main sentence of Article 186(1) of the Criminal Procedure Act, which is not against the law; and (b) the Defendant’s age, occupation, home environment, economic circumstances, etc., the Defendant shall be punished by a fine as stated in the text of the lawsuit.

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