(영문) 대전지방법원 서산지원 2015.11.06 2015고단696

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(영문) 대전지방법원 서산지원 2015.11.06 2015고단696

교통사고처리특례법위반

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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 who is engaged in driving a three-dimensional vehicle.

On May 12, 2015, the Defendant driven the above car at around 09:25, and led to the direction of a square in the direction of a 1st square in the direction of the intersection in front of the front of the Seosan-dong, Seosan-dong, Chungcheongnam-gu, Chungcheongnam-do.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle has a way to reduce the speed and to see well the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected this and passed the crosswalk to the right-hand side by his negligence, and received the victim D (the age of 62) who cross the crosswalk from the left-hand side as the front-hand part of the passenger vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the lower part of the lower part of the first part of the right, which is in need of treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. An actual survey report and a report on the occurrence of a traffic accident;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is recognized as having suffered injury that needs to be treated for six weeks due to the shock of the victim, but it is also determined as having the same sentence as the order considering the following factors: (a) the fact that the victim’s mistake is reflected; (b) the fact that the victim purchased a comprehensive insurance; (c) the fact that the victim agreed smoothly with the victim; and (d) the overall conditions for sentencing

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