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(영문) 인천지방법원 2019.10.11 2019고정1736

교통사고처리특례법위반(치상)

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B New Franchises.

On May 7, 2019, the Defendant driven the 09:05 Man-M5, which led to turn to the left the front of the 105-9 Incheon Air Traffic Control Center G3 bit, Jung-gu, Incheon, Jung-gu, Incheon, to the front of the 465-9 Incheon Air Traffic Control Center G3 bit from the direction of the airport guard headquarters.

Since there is a crosswalk in the front side, the defendant engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle, such as reducing speed and checking the front side well, and to prevent accidents by driving the motor vehicle in advance.

Nevertheless, the defendant neglected this and proceeded as it is, while having the victim C(the age of 66) walked the crosswalk on the left side from the right side of the defendant's running.

Ultimately, the Defendant suffered injury to the victim, such as kneee knee kne, who requires treatment for about two weeks by negligence in the course of business as above.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by C related to a traffic accident;

1. Photographs of the accident site;

1. Application of Acts and subordinate statutes of a medical certificate;

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 of Article 334(1) of the Criminal Procedure Act on the provisional payment order has not been agreed with the victim until now, or has not received the letter from the victim.

The defendant has been punished for the same crime.

On the other hand, since the defendant's vehicle is admitted to the bus mutual aid association, it seems that the victim's actual damage recovery will be made.

Although the agreement was not reached, the defendant also disinfected the victim's upper part of the emergency medical services after the accident.