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(영문) 대전지방법원 공주지원 2018.04.06 2018고정20
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is engaged in driving of freight vehicles B1 ton.

On October 16, 2017, the Defendant driven the above vehicle at around 19:15, and proceeded directly from the south of the Cheongyang-gun, Chungcheongnamyang-gun, the distance of the front of the Cheongyang-gun, Cheongyang-gun, to the village of the U.S. Do. at the south of the west.

In that place, a red flickering signal was installed at the front direction of the direction.

In such cases, the driver of a vehicle who intends to enter the intersection where a red on-and-off signal, etc. is installed, has a duty of care to check whether there is another vehicle that temporarily stops before entering the intersection and passes the intersection and to drive safely according to the new subparagraph.

Nevertheless, the defendant, without temporary suspension, operated the E-car operated by the victim D (50 years, n, n) driving in the right-hand side of the right-hand side of the road at the speed of moving into the intersection with the right-hand side without a temporary suspension, but the victim D (50 years, n, n) did not avoid the situation, and conflict with the left-hand side

As a result, the Defendant suffered approximately 2 weeks of the right-hand heat, etc. from the victim F of his passenger by his vehicle (64 years of age, female) to the victim G of the same passenger by the same vehicle (79 years of age, female) for about 8 weeks of medical treatment, and the left-hand aggregate of the fluence, etc. requiring approximately 3 weeks of medical treatment to the victim D, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement of the police statement related to G;

1. A written statement;

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

1. Application of the respective Acts and subordinate statutes of D, G, and F

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

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