(영문) 창원지방법원 2018.03.16 2017고단4386

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(영문) 창원지방법원 2018.03.16 2017고단4386

교통사고처리특례법위반(치상)

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

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

Reasons

Criminal facts

around 05:35 on June 8, 2017, the Defendant, who is engaged in driving Cysta taxi, was driving the above taxi at a speed that would not be known to synthetic elementary school as the front of the decentralization distance of 328 at the time of Kimhae, while driving the cab at around 05:35, 2017.

Since there is an intersection where a signal is installed, there was a duty of care to safely drive a person engaged in driving service in accordance with the signals by reducing speed and by properly examining the right and the right of the road.

However, due to the negligence that the Defendant neglected to stop the vehicle driving signal even though it is the stop signal, the Defendant’s driving of the EVS125 Oba, which was driven by the victim D (75 aged) in the direction of the Defendant’s driving, even though the vehicle driving signal is a stop signal, was taken on the right side of the Defendant’s car.

Ultimately, the Defendant suffered damages to the victim due to the above occupational negligence by failing to keep the left-hand side in need of approximately 13 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes, such as a physical disability diagnosis report;

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

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the fact that the Defendant was grehing and reflecting his mistake in depth, and that the Defendant agreed with the victim and the victim, as well as the motive, means and result of the instant crime, the circumstances after the commission of the crime, the Defendant’s age, sexual conduct, intelligence, environment, criminal records, etc., were determined in line with the order.

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