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(영문) 인천지방법원 2017.12.18 2017고단7703

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 DKa car.

On May 12, 2017, at around 10:10, the Defendant is proceeding with the entrance of the public parking lot in Seo-gu Incheon, Incheon, Seo-gu, Incheon, Seo-gu, 51, 26, the front door of the front door. As such, there is a crosswalk installed on the front door, it is necessary to verify whether there is a person who walks the front door of the road, and safely drive the road, and to temporarily stop before the crosswalk so as not to obstruct or cause danger to pedestrians. However, at the same time, the Defendant was negligent in proceeding with the victim E (63 years old) who crosss the front side of the said crosswalk to the port from the right side of the Defendant’s running side, and caused the victim to suffer approximately 14 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

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

1. Relevant legal provisions concerning criminal facts, 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 Aggravated Punishment, 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 under Article 334(1) of the Criminal Procedure Act, in light of the fact that the defendant, while driving a motor vehicle, was in violation of his duty to give the right and the right on the front side and the right on the front side while causing injury to the victim by shocking the bridge of the victim walking the crosswalk, and the degree of damage to the victim is serious, etc., the crime is not weak, but the defendant is the first offender who has no criminal history, and the damage to the victim is covered by a comprehensive insurance, and it seems that there is no obstacle to the recovery of damage to the victim. The victim does not want the punishment of the defendant, the victim's mistake is divided by agreement with the victim, the effect of the judgment in this case on the defendant's occupation, and other factors such as the defendant's age, sex, environment, and family relationship.