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(영문) 수원지방법원 성남지원 2015.04.02 2014고단2776
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

Criminal facts

On November 13, 2014, the Defendant was driving a CM car at around 13:30, and the Defendant continued to drive a CM car at about about 30 km in speed from the Most City to the Most City, the speed of the road located at 1151-5, i.e., the 151-ro, Sungnam-gu, Sungnam-gu, along with five-lanes near the intersection.

In such cases, the defendant who is engaged in driving of a motor vehicle has a duty of care to live well in the traffic situation of the frontline and drive the motor vehicle safely.

Nevertheless, as the Defendant neglected to do so and neglected to do so, the Defendant did not see the victim D and the victim E who illegally crossed the road to the port from the right side of the Defendant’s running side of the Mamast, and shocked the victims to the front part of the car of the Defendant.

After all, the Defendant suffered from the injury of the victim D, such as a thring, closure, etc. of a tent which requires approximately six weeks of medical treatment due to the above occupational negligence, and the victim E suffered from the injury, such as a string on the left-hand edge of the 5th century, requiring approximately six weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement on the occurrence of a traffic accident (D);

1. The actual condition survey report;

1. A report on investigation;

1. Each written diagnosis (E, D);

1. Application of Acts and subordinate statutes (No. 20 of the evidence list) as a result of the CD reproduction;

1. Article 3 (1) of the relevant 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 Concurrent Crimes;

1. Selection of an alternative fine to be imposed (the first offender, mistake of victims, etc., and other relevant factors);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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