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(영문) 대전지방법원 2017.03.30 2016고단4226
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 is engaged in driving a car Ci30.

On August 2, 2016, the Defendant driven the above vehicle on August 12:35, 2016, and led the Defendant to turn to the right from the west-gu, Daejeon to the right-hand left-hand turn.

Since there is a intersection where signal lights are installed, there was a duty of care to safely drive the driver in accordance with the signals by reducing speed and by properly examining the right and the right of the driver.

Nevertheless, as long as the Defendant neglected to do so, the full part of the part of the victim D(54 ) driving, which was directly engaged in under the signals from the opposite west-dong to the west-dong, was received from the front part of the Defendant’s driving vehicle in front of the front front.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cutting the bones of the right hand hand, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Concerning Criminal Facts, and Article 268 of the Criminal Act [The reason for imposing punishment: the defendant's negligence in the occurrence of the traffic accident in this case; the degree of injury to the victim is not less than that of the defendant; circumstances unfavorable to the defendant; when committing the crime in this case; the defendant is the first offender; the defendant is the first offender; the victim does not want the punishment of the defendant; the vehicle of the defendant is covered by the comprehensive motor vehicle insurance; etc.; the defendant's age is more favorable to the defendant; and the defendant's age is other than that of the defendant.

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