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(영문) 창원지방법원 2017.02.15 2016고정1207
교통사고처리특례법위반(치상)
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Defendant shall be punished by a fine of KRW 2,500,000.

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 motor vehicle by borrowing C.

On October 9, 2016, the Defendant driven the above-mentioned vehicle on the 13:25th day of October, 2016, and led the front of the road of the Jinhae to the Office of Education in the direction of the Jinhae-dong community service center, as the Jin-si Sea of the Chang-si.

Since there is a signal at the front door, the person engaged in driving service has a duty of care to prevent accidents by proceeding as ordered by the signal apparatus.

Nevertheless, the Defendant was negligent in doing so and driven by the victim D(60 ) who was proceeding under green proceeding signals from the 3rd Square on the left side of the direction of the Defendant's proceeding to the port of Jinhae Police Station in the direction of the proceeding.

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Ultimately, the Defendant suffered injury to the victims by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, an accident, site photograph, etc., a survey report on actual condition;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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