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(영문) 의정부지방법원 2017.11.16 2017고정2208

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 of a car with the land B.

On January 20, 2017, the Defendant, at the time of the Government around 15:50 on January 20, 2017, driven the above car at the intersection of the Dong-dong square at the front of C, thereby making the left turn to the right-hand turn from the view of the government at the intersection of the border.

Since there is an intersection where a signal is installed, a person engaged in driving service has a duty of care to prevent accidents by observing the signal and safely turn to the left.

Nevertheless, the Defendant neglected this and neglected to turn to the left, received the victim D's E-tobane from the victim D's driver who was in a direct position under the new subparagraph in E-B, and suffered injury, such as approximately eight weeks of treatment, 3, 4, and 4, on the right side of which the victim needs to be treated.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the occurrence of a traffic accident, report on the occurrence of a traffic accident, accident camera, field map, field photograph, on-site photograph, medical certificate, and confirmation of the number of days of diagnosis;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant recognized the criminal facts of the instant case and against his/her mistake; (b) the Defendant agreed with the victim; (c) the economic situation appears to have not been followed by the impeachment agreement; and (d) the fact that there is no special record of criminal punishment except for those punished twice by a fine due to larceny in around 2014.

On the other hand, the crime of this case, which caused a traffic accident by negligence by the defendant in violation of the signal, is not less vulnerable to the nature of the crime in light of the content and degree of the violation of the duty of care, and the injury suffered by the victim is relatively heavy.