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(영문) 인천지방법원 2020.11.18 2020고단7553

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of seven 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 BM5 car.

On July 13, 2020, the Defendant driven the above car on July 15, 2020, and proceeded to turn to the left at a speed that cannot be seen from the front of the “D” road located in Yeonsu-gu Incheon Metropolitan City, at the seat of the guard box for the boarding and underground traffic.

At the time, there was a need to safely drive a crosswalk, such as reducing speed and checking the right and the right and the right of the driver of the motor vehicle. In such a case, there was a duty of care to safely drive the motor vehicle, such as checking whether there is a person who gets off the crosswalk, and checking the speed of the driver of the motor vehicle.

Nevertheless, the Defendant did not discover the Victim E (A, 75 years of age) who was a victim of the crosswalk without neglecting the above duty of care, and was negligent in proceeding as it is, and received the victim in front of the left side of the Defendant’s driver’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as 3/12 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and photographs;

1. Application of Acts and subordinate statutes to a medical certificate or investigation report (verification as to whether a victim has submitted an additional medical certificate);

1. Article 3(1) and the proviso to Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines (including the content and circumstances of the instant crime, the degree of damage to the victim, the overall insurance of the Defendant’s vehicle, the agreement with the victim, and the absence of criminal records exceeding the same criminal record and fine).

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;