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(영문) 대구지방법원 포항지원 2017.06.15 2017고단371
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 engaging in driving a motor vehicle B.

On October 19, 2016, the Defendant driven the above car at around 15:40, and led the two-lane road from the terminal side of the passenger line to the two-lane community service center in front of the D tea point in North-gu C at the port of port.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care for those engaged in driving motor vehicles to keep the vehicle line well and drive safely by checking well the right and the right of the front line.

Nevertheless, the Defendant neglected this and tried to turn to the left at the center of the central line, followed by the negligence of the Defendant, and proceeded to the right side of the FTbluri car driven by the victim E (hereinafter referred to as 19 years old) who was driving the said road to the passenger ship terminal from the two dong community service centers, with the front side of the FTluri car driven by the Defendant.

Ultimately, the Defendant, by such occupational negligence, sustained from the victim G (49) who was on the Defendant’s car, the injury such as salt, tensions, etc. in need of a medical treatment for about one week, the injury of the victim E, the injury of the left-hand gate salt, etc. in need of a medical treatment for about two weeks, the injury of the victim H (24 years old) who was a passenger of Tball-ri-ri-ri-ri-ri-ri-ri-ri-ri-car in need of a medical treatment for about two weeks, and the injury of the victim I (the victim I, 20 years old), such as salt, tensions, etc. of the entire finites that require a medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant's mistake is divided.

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