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(영문) 대전지방법원 2017.01.17 2016고단2201

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle by obtaining a franchise.

On July 5, 2016, the Defendant driven the said car at around 16:00, while driving the said car along the three-lane road in front of the Daejeon U.S. Seosung-gu along the four-lane distance from the direction of the former citizens, and the crosswalk is installed. In such a case, a person engaged in driving a motor vehicle has a duty of care to check and drive the crosswalk by reducing the speed of the motor vehicle and properly examining the right and the right of the road.

Nevertheless, the Defendant neglected this and got a victim G (at 16 years of age) to stand the crosswalk as the front part of the said car due to negligence, and suffered injury to the above victim, i.e., blood transfusion, etc. from an open 12 weeks of treatment for the above victim due to the shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. A traffic accident report, a survey report, and an accident scene photograph;

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(2)6 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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention in the workhouses is that the traffic accident in this case occurred in the crosswalks, and the injury suffered by the victim is considered in light of the unfavorable circumstances, such as the injury inflicted on the victim, and the circumstances to be considered in the circumstances of this case. The defendant agreed with the victim, the vehicle comprehensive insurance is applied to the vehicle in this case, the defendant is against himself, the defendant is against himself, the defendant has no criminal history, and other favorable conditions for sentencing, such as the defendant's age, sexual behavior, environment, etc., shall be determined in accordance with the order.

It is so decided as per Disposition for the above reasons.