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(영문) 대전지방법원 2018.07.23 2018고단1728

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 C-Scar.

On April 25, 2018, the Defendant driven the above car on April 17:15, 2018, and used the two-lane road as one-lane in front of the 305-dong, Seo-gu, Daejeon, Seo-gu, Seo-gu, Daejeon, in the four-lane-lane-lane-lane-lane-ro from the four-lane-ro, Seo-gu, Seo-gu, Daejeon to the four-lane-lane-ro, A.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the defendant neglected this and caused the victim D(62) who was a pedestrian hoscing on the right side from the left side of the proceeding direction by the negligence of proceeding, even though the vehicle signal was suspended, to go beyond the floor by taking the front part of the above vehicle.

Ultimately, the Defendant suffered injury, such as duplicating cages, etc. that invaded two cupages of external wounds that require approximately six weeks of medical treatment from the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The actual investigation report on traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation results and investigation results;

1. Relevant legal provisions of the relevant criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act, Article 268 of the Criminal Act, and selection of fines;

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

1. The criminal liability is not minor as a matter of causing heavy injury to pedestrians of crosswalks in violation of the reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment.

However, the fact that the defendant reflects the error in depth, there is no special criminal record, the fact that the defendant is covered by a comprehensive insurance, and other records are shown in the defendant's age, occupation, circumstances before and after the crime, family environment, etc.