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(영문) 창원지방법원 2020.06.19 2020고단1288

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-learning car.

On February 14, 2020, at the top of the window of Changwon-si, Changwon-si, 242, two lanes ahead of Gyeongnam-si, Gyeongnam-si, Gyeongnam-si, the Defendant proceeded at an insular speed, along one-lane distance from the boundary of the National Police Agency.

It is a place where a crosswalk is installed, and in particular, many pedestrians were passing the above crosswalks at the time, and other vehicles already stopped in the stop line for pedestrians' passage, so in such a case, there was a duty of care to temporarily stop in front of the crosswalks in order not to obstruct pedestrians' passage or endanger pedestrians, and drive safely by taking into account the front side and the left side of the crosswalks.

Nevertheless, the Defendant neglected this and proceeded with the above crosswalk without speed, and caused the victim C (the age of 51) who passed the crosswalk to the port from the right side of the direction of the defendant's course to the port, leading the victim to the front side of the above boarding car, thereby passing beyond the road.

As a result, the Defendant suffered injury to the victim, such as cutting down the body of the left side of the instant vessel and cutting down the string of the right side of the vessel, which requires approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

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

1. Reasons for sentencing under Article 334 of the Criminal Procedure Act - The age, character and conduct, environment, motive, means and consequence of the crime as shown below of the sentencing guidelines, and circumstances after the crime are committed.