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(영문) 창원지방법원 통영지원 2015.12.16 2015고단682

교통사고처리특례법위반

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

Criminal facts

On May 21, 2015, the Defendant driven a CKan-kack on May 23:35, 2015, and passed the crosswalk in front of the E-kn-kack, which is located in D at the time of the passage of the Gyeong-kak-kak, from the breadth of the front line to the breadth of the North Korean History.

In this case, the driver of the vehicle has a duty of care to prevent accidents in advance by passing the crosswalk after confirming that the driver of the vehicle has no pedestrian to build the crosswalk by reducing speed and properly examining the right and right of the front side of the road.

Nevertheless, the Defendant, without properly examining the front door, obtained the body of the Victim F (mam and 57 years old) who was standing a crosswalk due to occupational negligence that entered the crosswalk as it is, and went beyond the floor of the above vehicle, and caused injury to the victim, such as cerebral cerebral blood, etc. for which a detailed 8-day medical treatment is required, due to its shock.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. A report on investigation;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and the selection of fines concerning facts constituting an offense;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act - Reasons for sentencing unfavorable to the defendant: The fact that the defendant was negligent by an accident in a crosswalk, and the degree of injury to the victim is relatively heavy;

- A favorable circumstances: The defendant's consent to the victim that the victim desires to have the front wife against the defendant; the defendant's depth reflects his depth; and no previous record exists.

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the age, character and conduct, environment, and circumstances after the crime, shall be taken into consideration to determine the sentence against the defendant.