(영문) 부산지방법원 2017.05.18 2017고정404

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(영문) 부산지방법원 2017.05.18 2017고정404

교통사고처리특례법위반(치상)

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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

The defendant is a person who is engaged in driving service of CCA110.

On July 21, 2016, the Defendant driven the above 09:50 on the 09:50, and got the front of the new bank located in the Gi-dong of Busan-gu, Busan-do to go through the intersection of the opening from the surface of the cridge to the intersection of the opening.

At this point, there was a duty of care to prevent accidents in advance by driving a motor vehicle with a driver's duty of care by accurately manipulating the steering and steering gear and operating the steering system in a way that is not a sidewalk.

Nevertheless, the Defendant neglected to do so and did not accurately operate the steering gear and brakes, and failed to do so, which led to the Defendant’s negligence. The Defendant shocked the left shoulder and the arms of the victim D (the age of 54) who was walking on the sidewalk, with the part on the right-hand side of the Defendant’s driver’s driving.

Ultimately, the Defendant suffered injury to the victim, such as the mouth of the neighboring group, which requires approximately five weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a traffic accident report (the actual investigation report), diagnosis certificate, and investigation report (the page of investigation record 52 pages);

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)9 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The following circumstances are considered: (a) the degree of violation of the Defendant’s duty of care due to the sentencing of Article 334(1) of the Criminal Procedure Act; (b) the degree of the instant traffic accident; (c) the degree of the injury the victim sustained; and (d) the vehicle operated by the Defendant was covered by liability insurance; and (c) the Defendant erred.

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