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(영문) 서울중앙지방법원 2013.06.20 2013고정2217
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 4, 2013, at around 07:28, the Defendant driven a low-priced car with B, and proceeded with 1474-21, Gwanak-gu, Seoul Special Metropolitan City, which is equipped with a signal, from the new forest basin to the head of the Geumcheon Police Station.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the brake system of a vehicle driving with a view to the front side and left side and right side, and driving the motor vehicle safely in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and went to turn to the left at the left-hand turn from the room of the Geumcheon Police Station due to the negligence of proceeding even though the vehicle progress signal was stopped, and received the part of the front-hand part of the DNA Lone Star Co., Ltd operated by the injured party C as the front-hand part of the above vehicle.

Ultimately, the Defendant suffered, by negligence in the course of performing the above duties, the injury to the victim C, such as catum salt, which requires approximately two weeks of treatment to the victim E (the 35 years of age) of the damaged vehicle, the injury to the catum base, and the injury to the victim F (the 40 years of age) of the damaged vehicle, which requires approximately two weeks of treatment to the victim F (the 40 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each medical certificate of C, E, and F;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 3 (1) and the proviso to Article 3 (2) 1 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 Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

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