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(영문) 전주지방법원 2017.06.27 2017고단685

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of k3 vehicles.

On March 29, 2017, the Defendant driven the above vehicle on March 14:11, 2017, and driven the two-lane road in front of the Eastern Market in Jeonju-si. The Defendant proceeded along the two-lanes from the flow distance to the Military Manpower Administration.

The location is installed at a crosswalk in the front of the road, and the vehicle stops at the same time and does not secure the view, so in such a case, there was a duty of care to check whether there is a person who gets on a road by reducing speed and checking well the right and the right and the right of the road and drive safely.

Nevertheless, the defendant neglected this and got the body of the victim C (the 65-year old) to the right side of the defendant's proceeding direction by his negligence, which led the defendant to go beyond the road by shocking the body of the victim C (the 65-year old) to the front side of the vehicle driving.

Ultimately, the Defendant suffered injury to the above victim, such as a part of L2, which requires approximately six weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Selection of an alternative fine for punishment;

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

1. Consideration, such as the fact that an agreement has been reached between the victim and the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, and the degree of damage to the victim is not weak, but the accident appears to have occurred in the situation where the view of the defendant is restricted due to a bus which was parked and was in the lane adjacent to the accident at the time of the accident, and that the defendant has no criminal record of punishment for the same type;