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(영문) 대전지방법원 2015.07.16 2015고정803
교통사고처리특례법위반
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Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 16, 2015, the Defendant driven a high speed car at Cinta (Seoul) around 17:25 on March 16, 2015, and proceeded 4 lanes from among the roads of the 5rd degree of the Ginseng No. 195 World Cup in Daejeon Pong-gu.

Since the place is where traffic is controlled by traffic signal apparatus, the person engaged in driving duty has a duty of care to prevent accidents in advance by driving safely according to traffic signal by checking well the front side.

Nevertheless, the Defendant neglected this and entered into the intersection by failing to comply with the red signal signal, and received the part of the top-down part of the instant high-speed car in front of the right-hand gate of the victim D(Woo, 46 years old) driving in accordance with the new name from the direction of the Mad-An (U.S.) and due to the negligence of entering the intersection.

As a result, the Defendant suffered injury to the victim D, such as salt ties and tensions that require treatment for about two weeks, and injury to the victim F (F, 40 years of age) who was on board the damaged vehicle, such as salt ties and tensions that require treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition of traffic accidents;

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

1. Article 3 (1), 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 facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Since the circumstance that the victims of the reason for sentencing under Article 334(1) of the Criminal Procedure Act do not want punishment has already been reflected in the amount of fine for the summary order, the amount of fine for the summary order is appropriate.

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