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(영문) 수원지방법원 2020.02.06 2019고정1552

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the driver of the vehicle B.

At around 06:05 on July 28, 2019, the Defendant driven the above vehicle in the direction of the court distance from the D ginseng distance located in Young-gu, Suwon-si C, Suwon-si.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service has a road to reduce speed and to see well the right and the right and the right and the right of the road, and to safely drive it.

Nevertheless, the Defendant neglected to do so and proceeded with the victim E crossing the above crosswalk due to the negligence of walking signals, which led to the shocking of the Defendant’s vehicle.

Therefore, the defendant suffered bodily injury, such as sprinking, etc. of the double wall that requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A medical certificate;

1. Application of the traffic accident report, related photographs, CCTV image photographs and the Acts and subordinate statutes;

1. Article 3 (1) and 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 relevant criminal facts and the selection of fines;

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

1. In light of the fact that the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act is sufficient to shock the victim who had walked the crosswalk normally according to the pedestrian signal, and the negligence is serious, and that the agreement with the victim was not reached, and that the comprehensive motor vehicle insurance was not covered, the amount of fine for the summary order is deemed to be minor, and thus, the penalty shall be determined as per the order.