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(영문) 광주지방법원 2014.04.03 2014고단110

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On December 20, 2013, the Defendant driven the above vehicle at around 19:00 on December 20, 2013, and proceeded with a one-lane of the distance ahead of the E assignment point in the North-gu, Gwangju, while making the left turn to the left at the hak apartment room.

At the time, considering that the defendant intends to turn to the left, the crosswalk is installed on the road, and the victim F (n, 65 years old) is crossing the above crosswalk, so the defendant engaged in driving service has a duty to stop so that the victim can safely cross the road by showing the front door and lowering the speed.

Nevertheless, due to the negligence of the defendant's driving ahead of the left side of the vehicle, the defendant suffered injury to the victim, such as double-duplicing and suplicating the body of the victim's right-hand bridge, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each entry into the initial traffic accident report and the actual condition survey report (1 and 2 reports);

1. Application of the Acts and subordinate statutes stated in an investigation report (Attachment of a medical certificate);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1), 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 Selection of Punishment, and Article 268

1. The accident of this case on the grounds of sentencing under Articles 70 and 69(2) of the Criminal Act for the detention in the workhouse is deemed to have not been committed by the defendant when considering the fact that the victim occurred while crossing the crosswalk, while the degree of the victim's injury seems to have been serious, etc. However, there are circumstances unfavorable to the defendant, such as the defendant, who did not have any particular criminal record in addition to the criminal record of a fine in around 1982, the defendant's vehicle is covered by a comprehensive insurance, and the victim and the victim do not have any criminal record by mutual consent with the victim, the defendant shall be selected by a fine in consideration of favorable circumstances.