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(영문) 대구지방법원경주지원 2020.11.26 2020고단643

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of 6 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 a B Benz-AMGL45 4Mic car.

On June 19, 2020, the Defendant driven the above car on June 11:58, 2020, and driven the front road of the D Hospital C at the time of racing at a speed of about 10 km from the front side of the racing station to the E market side.

In this case, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a pedestrian by reducing speed and by properly examining the right before and after the end of the accident and prevent the accident from occurring.

Nevertheless, due to the negligence of neglecting this and without properly operating the brake and steering gear, the victim F, who was a pedestrian crossing from the right side of the defendant's moving direction to the left side of the crosswalk, was placed in the front part of the right part of the defendant's car.

As a result, the Defendant suffered injury, such as the mouth of the Hashea Group accompanied by an inner slope, such as requiring approximately 10 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement of the defendant in court;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a written diagnosis of accident site;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the instant crime, the background and degree of the victim’s injury, whether the victim has recovered from damage (agreement amounting to KRW 20 million, whether the victim has entered into a comprehensive insurance contract, etc.), the criminal records (no criminal records except for fines of KRW 100,000,000) and other various factors of sentencing indicated in the records and arguments of the instant case, including the Defendant’s age, character and behavior, environment, family relationship, and circumstances after the crime, shall be comprehensively considered.