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(영문) 광주지방법원 순천지원 2014.07.18 2014고단829

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of Lone Star Co., Ltd.

On March 30, 2014, at around 09:25, the Defendant driven the above van and proceeded at the speed of 40 km each hour at the speed of 11km from the side of the sub-duc three streets along which the two lanes in front of the Jinsung Oil Station, which is in the direction of the sub-committee, are located.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle in front of the crosswalk by reducing speed and by safely stopping the motor vehicle along the crosswalk when a pedestrian is traveling along the crosswalk.

Nevertheless, the Defendant neglected this and got a victim C (the age of 82, female) who crossed a marina due to negligence, and caused the victim to suffer bodily injury, such as the cutting of a bridge, which requires approximately 12 weeks of treatment, by putting the victim on the floor and cutting the victim over the floor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. On-site evidence photographs of a traffic accident;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is based on the following: although the defendant suffered serious injury, the defendant's violation of the crime of this case, the defendant's smooth agreement with the victim, and the cause of the traffic accident of this case seems to have a structural problem on the road. It is so decided as per Disposition.