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(영문) 창원지방법원진주지원 2020.10.06 2020고단1024

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 engaging in driving a rocketing car.

On March 25, 2020, the Defendant driven the said car at around 12:20, and led to the median of the central street in the Jinju City to the direction of the luminous distance from the boundary of the C market public parking lot.

At the same time, a crosswalk without signal lights is installed, so in such a case, the driver of the vehicle has to check whether there is a pedestrian walking over the crosswalk as well as whether there is a pedestrian walking. If there is a pedestrian, the driver of the vehicle has a duty of care to accurately manipulate the brake and steering gear and prevent the accident in advance.

Nevertheless, the Defendant neglected to enter the crosswalk and found the victim D (I, 31 years old) who walked to the port from the right side of the Defendant’s running direction to the port of the crosswalk, and got the victim to the above rocketing car.

As a result, the Defendant suffered injury to the victim, such as a satisfying wound, which requires approximately three weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant suffered an injury to the victim who was a crosswalk while driving the crosswalk, and that there is no reason to deem that the liability for the crime was less and that there was no reason to believe that the victim was able to receive a letter from the victim.

However, the fact that the defendant's mistake is recognized, the vehicle of the defendant's driving is covered by mandatory insurance, the degree of damage, and other matters.