logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2017.03.31 2016고단1919
교통사고처리특례법위반(치상)등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CMW car.

On August 28, 2016, the Defendant driven the above car at around 21:00, and made the front of the road D in Daegu-gu, Seogu to turn to the left at the seat of the tax office located in the two kinds of parks.

At the time of night, the front and the front door of the road was opened with a crosswalk without signal lights, and thus, there was a duty of care to safely drive a motor vehicle to prevent accidents in advance by safely driving the motor vehicle, such as reducing the speed and checking the front door well.

Nevertheless, when the Defendant neglected this, he received the victim F (the 33 years old), and the victim G (the 36 years old), who was standing on the above BMW’s crosswalk due to negligence, in front of the left-hand side of the said BMW car.

Ultimately, the Defendant suffered, by negligence in the course of performing the above duties, certain injuries to the F, such as mercury dye, which require approximately two weeks of medical treatment, and injury to G, such as salt dye, in the part requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Each written diagnosis;

1. Reporting on the occurrence of traffic accidents and the application of Acts and subordinate statutes governing the actual survey report;

1. Article 3 (1) and the proviso to Article 3 (2) of the 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 Competition;

1. Selection of a selective fine for punishment (the degree of negligence is relatively heavy because the victims who walk on the crosswalk were driven while drinking); however, there is no particular criminal history other than the one sentenced to a fine for this type of crime; a vehicle has purchased a comprehensive insurance policy; and the victims and victims have agreed smoothly); and

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

arrow