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(영문) 서울서부지방법원 2014.04.24 2014고단267
교통사고처리특례법위반
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Defendant shall be punished by a fine not exceeding eight million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a ready-beer van.

On December 21, 2013, around 21:40 on December 21, 2013, the Defendant followed the two-lane road in front of Yongsan-gu, Yongsan-gu, Seoul, Yongsan-gu, to the side of the Hannam-do Hospital at approximately 30km each hour according to one lane.

Since the location was an intersection where signal lights are installed, there was a duty of care to drive safely in accordance with the signals by checking well the right and the right of the driver.

Nevertheless, the Defendant did not find out the victim D (here, 48 years old) to the left side of the Defendant’s vehicle due to the negligence of the U-turn, while he neglected this, and the Defendant was faced with the said victim on the left side of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as the abandonment of the left-hand skes, which requires approximately 10 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A written statement on the occurrence of traffic accidents;

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

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act (Selection of Fine)

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are primary and reflective crimes, the comprehensive motor vehicle insurance is subscribed to, the agreement with the victim is agreed, and other various sentencing conditions shown in the argument of this case are considered.

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