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(영문) 대전지방법원 2018.07.19 2018고단740

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant was driving a car in the C SP area as a duty.

On December 29, 2017, the Defendant proceeded at a speed of about 20 km in the direction that the roads of the Daejeon elementary school, which are 18, Seo-gu, Daejeon, Seo-gu, Daejeon, Pyeong-gu, Seo-gu, Seoul, would take place at a speed of about 20 km in the direction that the number of houses is cut down.

At the time, the location is a new wall, and the signal lights and crosswalks are installed, so in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance.

그럼에도 불구하고 피고인은 이를 게을리 한 채 신호를 위반하고 진행하여 때마침 진행방향 왼쪽에서 오른쪽으로 횡단보도를 횡단하는 피해자 D(62 세, 여) 을 피고인 운전 차량의 왼쪽 측면 부분으로 피해자의 오른쪽 다리 및 엉덩뼈 부분을 충격하였다.

Ultimately, the Defendant suffered injury to the victim, such as cutting down the right frame, which requires approximately seven weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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 on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act,

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act, and the degree of damage, are significant.

However, the defendant's reflective and initial crimes, the smooth agreement with the victim, age, sex, environment, etc. shall be taken into consideration.