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(영문) 의정부지방법원고양지원 2020.09.24 2020고단1827

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

On May 31, 2020, the Defendant, who is engaged in driving a car B A62.4, driven the said car on May 31, 2020, led to a three-lane road along the intersection of the front of the C in the city of the Government of the Gyeonggi-do along the two-lane road from the intersection of the city bus terminal to the new valley underground street.

In such a case, the driver of the vehicle has a duty of care to ensure that the driver of the vehicle has a duty of care to safely drive the crosswalk and to prevent the accident by safely driving the crosswalk by taking into account the right and the right and the right and the right and the right and the right and the right and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected this and got the victim D (the age of 54) who was standing a crosswalk according to the Mad-in pedestrian signal due to negligence while driving the Mad-in vehicle signal even though the Mad-in vehicle signal was red, in front of the above passenger vehicle of the Defendant.

The Defendant suffered injury to the above victim, such as pelle and pelle, which require approximately 12 weeks of medical treatment, due to occupational negligence.

Summary of Evidence

1. Application of Acts and subordinate statutes to Defendant’s legal statement, the actual condition survey report, and the report on the occurrence of traffic accidents;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. Article 334(1) of the Criminal Procedure Act provides that the degree of occupational negligence on the grounds of sentencing under Article 334(1) of the Provisional Payment Order is not less severe, and that the victim’s injury was serious, it is unfavorable, or agreed with the victim, and that there was no criminal offense except once a fine is imposed on the victim of this type of crime in 2013, considering favorable circumstances.

Other factors of sentencing, such as the defendant's age, social living relationship and circumstances before and after the crime, shall be determined as per the order.