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(영문) 제주지방법원 2019.05.31 2018고단2309

교통사고처리특례법위반(치상)

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On April 4, 2018, at around 15:57, the Defendant driven a B-Lpurbed car, leading the front road of C from D to E hotel room at Jeju.

Since there are frequent traffic of pedestrians at the place where a crosswalk is installed, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a pedestrian by checking the front side and the left side of the motor vehicle and to drive the motor vehicle safely.

Nevertheless, the Defendant did not check in advance the victim F (the 12-year old age) who was negligent in driving the vehicle so far without examining the right side and the right side, and did not check in advance the victim F (the 12-year age) with the right side from the left side of the said vehicle, and caused the victim to go beyond the road by shocking the body of the victim on the front side of the said vehicle, resulting in the victim’s injury, such as the mouths at the bottom of all the necessary frame and the frame.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Each description of the written statements of persons involved in each traffic accident prepared G and F (H substitute);

1. Indicating the investigation report prepared by the prosecution and the hearing report prepared by the prosecution;

1. Each entry of a police officer's report on a traffic accident and a report on the occurrence of a traffic accident;

1. A statement in the letter of general diagnosis from the F prepared by the medical doctor;

1. Application of each video statute to a scene photograph;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is 【The scope of applicable sentences under the law】 Fine of KRW 50,00,000 to KRW 20,000,000,000 for a fine of KRW 3 million: The fact that the victim suffered serious injury not serious injury, and the defendant was not able to receive from the victim.