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(영문) 제주지방법원 2017.12.22 2017고단1566

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of four 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 CM car.

On February 24, 2017, the Defendant driven the above car at around 18:00 and proceeded ahead of the road D at Jeju at the speed of about 40 km from the port of Jeju to the direction of the direction.

Since there are crosswalks at a front door, there was a duty of care to prevent accidents in advance by safely driving the vehicle while checking whether there is a person who will reduce the speed to those engaged in driving business and unfold the front door.

Nevertheless, the Defendant neglected to do so and found the way on the crosswalk by negligence, which caused the Defendant to neglect it, late behind the Victim F(69) and the Victim G(60). However, the Defendant did not avoid it and did not go beyond the victim’s left bridge and the body body, respectively, in front of a car driving by the Defendant.

Defendant 1 suffered from the injury of the victim F due to the above occupational negligence, such as the pressure pressure of the 2st century, which requires approximately eight weeks of treatment, and the injury of the victim G, such as the structural frame of the 4th anniversary of the left-hand part in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident investigation report and photographs at the scene of an accident;

1. A written statement of each traffic accident related to G and F;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The instant accident with the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is the shocking of two pedestrians on the crosswalks, and the Defendant’s negligence is not less light, and the degree of injury of the victims is more severe.

However, the defendant's recognition of crime and reflects it, and the motor vehicle comprehensive insurance is subscribed.