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Reasons
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(영문) 수원지방법원 2018.05.15 2018고단1163
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 a car in the C SP area.

On February 12, 2018, the Defendant operated the said car on February 21, 2018, and led to the front road of the 105 Dong-gu, Gi-gu, Young-gu, Gi-gu, Gi-gu, Gi-gu, Gi-gu, Gi-gu, Gi-gu, Gi-gu, Gi-dong, Gi-dong, Gi-do, to the front direction

Since there is a center line of yellow solid lines, a person engaged in driving service has a duty of care to thoroughly operate the entire city and to safely operate the tea.

Nevertheless, the Defendant neglected this and got the victim D (W, 62 years old) who was driving along one lane due to the negligence of driving a central line at the center line, and received the front part of the E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

After all, the Defendant suffered, by the above occupational negligence, the injury to the victim D, such as the pelle of spine part, which requires approximately 12 weeks of medical treatment, and the victim F (10 years of age) who is the passenger of the said spathn car, suffered approximately 12 weeks of medical treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The actual survey report, vehicles and on-site photographs;

1. Blucs cambling CDs;

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

1. Article 3 (1) and the proviso to Article 3 (2) 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. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order was committed by the defendant, resulting in a traffic accident caused by a mistake in the central line, and thus, the defendant's violation of the duty of care is not easy, but the degree of the accident of this case and the degree of injury of the victims are not exceptionally applied.

However, the defendant is not a party.

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