(영문) 서울중앙지방법원 2020.02.06 2019고단6286

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(영문) 서울중앙지방법원 2020.02.06 2019고단6286

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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 Obane.

On June 27, 2019, at around 23:55, the Defendant driven the above Oralba, and had 7 lanes ahead of the 2nd 2nd amba-ro, Gwanak-gu, Seoul Special Metropolitan City Boro, turn to the left according to one-lane from the c hospital boundary to the mbast eb gate.

At this point, since it is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to drive safely according to good faith.

Nevertheless, despite the fact that the defendant neglected this and neglected to turn left at both directions, the front wheel part of the victim D(30 years old)'s E-to-face driving, which was sent under the new subparagraph, was sent to the right side by the defendant's driver, from the math of the mathal eth, the left left by the negligence of violating the signal.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the upper left-hand side of the closed aggregate requiring approximately eight weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a traffic accident under DNA preparation;

1. A traffic accident report;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. According to the reasoning of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by taking into consideration various sentencing conditions shown in the arguments of this case, such as the following: (a) the background of the accident of sentencing under Article 334(1) of the Provisional Payment Order; (b) the degree of occupational negligence of the defendant; (c) the degree of injury of the victim; (d) the victim does not want the punishment against the defendant; (e) the defendant has no history of criminal punishment; and

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