(영문) 서울북부지방법원 2015.11.12 2015고단2964

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(영문) 서울북부지방법원 2015.11.12 2015고단2964

교통사고처리특례법위반

Text

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

On July 27, 2015, the Defendant driving a car in the C Stwit-ro around 04:20 on July 27, 2015, and proceeds from the Seongbuk-gu Seoul Hancheon-ro Intersection from the long-distance intersection to the long-distance outflow.

Due to the occupational negligence in the course of a red signal in violation of the signal, a bicycle going to the right-hand side from the left-hand side of the running direction of the said car is charged with the front part of the said car, and the victim D (55 years old), who is the driver of the said bicycle, suffered approximately 10 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report (1) (2) (actual survey report);

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

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. The defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order, inflicts an injury on the victim by negligence by violating the signal, and the defendant's liability for the crime of this case is not

However, considering favorable circumstances, such as the fact that the defendant recognized his mistake, the vehicle of the defendant was covered by a comprehensive insurance, the fact that the defendant was covered by the comprehensive insurance, the fact that the defendant did not want the punishment of the defendant, and the fact that the defendant did not have any record of punishment as the primary offender, etc., the punishment is determined as ordered by comprehensively taking into account all the factors of sentencing prescribed by Article 51 of the Criminal Act, such as the circumstances after the crime of this case, circumstances after the crime of this case, the age, character and conduct, environment, occupation and family relation.

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