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(영문) 인천지방법원 2017.12.06 2017고단6726

교통사고처리특례법위반(치상)

Text

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

When 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 driving a Bran vehicle.

around 13:45 on August 8, 2017, the Defendant, using the above car, proceeded to turn to the left at the speed of about 20 km from the side of Korea at the speed of about 10 km from the side of the Incheon Bupyeong-gu.

In this case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by reducing the speed for a person engaged in driving the motor vehicle, and by checking well whether there is a pedestrian on the crosswalk.

Nevertheless, the Defendant neglected this and received the victim D(52) (52) who walked a crosswalk from the right side of the road to the right side of the road, according to pedestrian signals, as the front part of the said car.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as acute pressure pressure, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is to drive a motor vehicle and turn to the left in accordance with the left-hand left-hand turn, and the defendant neglected his duty to take the front-hand turn, and thereby neglecting his duty to turn to the left-hand turn, and caused injury to the victim by shocking the victim who was walking the crosswalk pursuant to the pedestrian signals under the pedestrian signals, but the nature of the crime in the instant crime is not weak, but the defendant has no criminal history of the same kind, is admitted to the mutual aid association, and the victim does not want the punishment of the defendant.