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(영문) 의정부지방법원 2017.04.19 2016고단5293

교통사고처리특례법위반(치상)

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the duty to drive a Grand Co., Ltd.

On November 30, 2016, the defendant driving the above vehicle around 19:30 on November 30, 2016, and driving the road of one-lane in front of the E pharmacy in Dongbcheon-si D toward the direction of the mountain mountain at a speed of about 30 kilometers per hour at the speed of the central market, and making traffic adjustment is not carried out.

In such a case, when a person engaged in driving of a motor vehicle reduces the speed to a person who is engaged in driving of a motor vehicle, well sees the right-hand side of the motor vehicle, and a pedestrian passes the crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk to check the safety of pedestrians and to prevent the accident in advance. Nevertheless, the defendant neglected to do so and failed to discover the victim F. (72 , n.) who crosss the crosswalk to the right-hand side from the left-hand side of the motor vehicle, and turned the victim over the victim's right-hand side to the ground.

As a result, the defendant suffered injury to the victim due to occupational negligence, such as cerebrovascular transfusion requiring about 8 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement on the occurrence of each traffic accident;

1. A survey report on actual conditions;

1. A traffic accident occurrence report;

1. On-site photographs;

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

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, brought about an accident at a crosswalk and brought an injury in need of eight weeks of treatment to the victim.

However, the defendant shall recover from the accident immediately after the accident.