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(영문) 대구지방법원 2017.03.30 2017고단445
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 the operation of B Lastren motor vehicles.

On December 5, 2016, the Defendant driven the above car at around 08:40 on December 5, 2016, and proceeded ahead of the road in front of the Gangseo-gu, Taecheon-ro 81, Taecheon-gu, Daegu, Seocheon-ro, into the direction of the Pacific height from the third apartment.

Since a crosswalk is installed, in such a case, there was a duty of care to check whether a person is in a way to see the front, rear, and left and right of the driver, and to prevent the accident in advance by driving safely.

Nevertheless, due to negligence and negligence of neglecting this, the part of the body of the victim C (Woo, 82 years old) who dried the above crosswalk from the left side of the running direction of the defendant was placed on the right side of the victim C (Woo, 82 years old).

Ultimately, Defendant 1 suffered injury to the victim due to the above occupational negligence, focusing on the fact that there is no wound in two open fields that require approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to survey reports and diagnostic certificates;

1. Article 3(1) and the proviso to Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines (such as the fact that the defendant has agreed to do so with the victim, the fact that the defendant appears to repent of his/her mistake as an initial offender, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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