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(영문) 창원지방법원 2018.07.18 2018고정354

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 a B-learning car.

On May 2, 2018, the Defendant driven the above car at around 19:30 on May 2, 2018, and continued to proceed to the bypass of the road in front of the National Security Center in the Gank-dong Kimhae-si.

Since there is a crosswalk in which signal lights are installed, there was a duty of care to the person engaged in driving service to drive safely in accordance with the new code.

Nevertheless, the Defendant neglected this and failed to stop even though it was a stop signal, and the part on the right side of the victim C(50) who dried the crosswalk in accordance with the pedestrian signals from the left side of the bend of the bend, which was kept to the right side of the motor vehicle in front of the driving of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as the denial of the inside side, which requires approximately three weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. An investigation report (in addition to the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes concerning the scene photographs of the accident, black booms of vehicles;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1 and 6, Article 268 of the Criminal Act concerning criminal facts, and Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and Article 268 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment Order is that the Defendant, while driving a motor vehicle while driving the motor vehicle, sustained an injury by shocking the victim who has walked on the crosswalk pursuant to normal signals due to the negligence committed in violation of the stop signal in front of the intersection, and thus, the liability for the crime is not easy in light of the degree of breach of the duty

However, the defendant reflects his fault in depth.

The vehicles of the defendant shall be.