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(영문) 창원지방법원 통영지원 2015.12.22 2015고정613
교통사고처리특례법위반
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A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B AR car.

On April 19, 2015, the Defendant, at around 21:15, passed along the two-lanes in the direction of the Docheon-si, the two-lanes from the direction of the Docheon-dong.

At that time, since a large portion of a road flicked to the left-hand side of the yellow solid line, which is marked down, is very low, the driver of the motor vehicle has to drive the motor vehicle at a speed of 20/100 of the maximum speed (60km/h) as required by the Road Traffic Act, and in particular, it is highly likely that the motor vehicle will be cut off in the low speed flicker drive the motor vehicle. Therefore, the driver of the motor vehicle has a duty of care to reduce a sufficient speed in advance and accurately operate the steering gear and brakes, and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected this and failed to accurately operate the steering direction and brakes, which led the victim E (the 60-year-old) who was driven by the central line due to the negligence of the brooming the central line, caused the victim to suffer bodily injury, such as light dump, etc. for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to field medicine maps, actual condition survey reports, field photographs, and diagnostic certificates;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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