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(영문) 수원지방법원 2016.03.24 2016고정255
교통사고처리특례법위반
Text

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

The defendant is a person who is engaged in driving a B knife vehicle.

On November 30, 2015, the Defendant driven the above 00:04, and proceeded along the intersection of the Dsanbu and the two-lane distance distance in front of the Dsanbu in Suwon-si C in Suwon-si, Suwon-si, according to one-lane from the dsanbu and the middle school located in the dsan-si, Suwon-si.

Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by safely driving in accordance with traffic signals by reducing speed and keeping the right and the right of the driver.

Nevertheless, even though the Defendant neglected to do so and the traffic signals were changed to yellow signal from green signals, the Defendant was negligent in entering the intersection in violation of the signal and proceeding as it was, and thereby, received the back portion of the right side of the FK5 car driven by the Defendant as the front part of the Defendant’s son.

As a result, the Defendant suffered injury to the victim E and the victim G (V, 17 years old) who was on board the said occupational negligence, such as salt, tension, etc. in need of approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement of E;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Photographss related to traffic accidents;

1. Blucs video CDs in black boxes;

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

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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment include the fact that the defendant recognized his/her mistake and reflects it, and that he/she was subject to a disposition that is not entitled to prosecution due to the same type of crime in 2014.

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