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(영문) 의정부지방법원 2020.01.15 2019고단3847
교통사고처리특례법위반(치상)
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Defendant shall be punished by a fine of KRW 8,000,000.

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 driving a new freight truck vehicle B.

On March 20, 2019, the Defendant driven the above cargo vehicles around 16:50, and led the Defendant to drive the above cargo vehicles at a non-speed speed depending on four-lanes of the Government of the IC 42.9km point in the Macam-dong, Macam-dong, Seoul.

At the time, the low speed of the road was milched, the place was bended by the rain, and the central separation was installed at the center of the road. In such a case, there was a duty of care to prevent accidents by safely driving the car line by reducing speed and accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant neglected this and immediately brooms and brooms into brooms, and brooms over the central line due to the negligence of sroomping over the center line, and led to the left-hand part of the victim C driver's wing-down of the third cargo due to the negligence of sroomping over the central line, and brought about the part before the left-hand part of the Defendant's truck driver's freight, and continued to receive the part on the left-hand part of the victim's D driver's freight.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim C, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and the injury to the victim D, such as the 11 and T12’s frame, closure, etc. in need of medical treatment for about ten weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A C’s statement and D’s case guards;

1. An investigation report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, and on-site map;

1. An accident site photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and 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. Article 70(1) of the Criminal Act for the detention of a workhouse.

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