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(영문) 청주지방법원 2018.11.01 2018고단1482

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 DNA car.

On April 27, 2018, the Defendant driven the above car at around 18:40 on April 27, 2018, and proceeded with one lane in front of the F in Seowon-gu, Seowon-gu, Cheongju-si, and turn to the left from the west-gu, Seowon-gu, Seowon-gu, Seowon-si to the south-do.

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 a motor vehicle has a road to reduce speed and to see well the right and the right and the right of the motor vehicle and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and did not confirm whether there is a pedestrian on the crosswalk, and caused the victim to go beyond the floor by taking the left side of the victim G (V, 69 years old) who walked on the crosswalk from the right side of the running direction of the Defendant’s vehicle to the left side from the right side of the vehicle.

Ultimately, the Defendant suffered approximately eight weeks of medical treatment due to the above occupational negligence from the victim’s alley in the left-hand frame.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. An accident scene photograph;

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

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of fines concerning facts constituting an offense;

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

1. In full view of all the circumstances, such as the recognition of the crime of sentencing under Article 334(1) of the Criminal Procedure Act and the erroneous determination of sentencing, the first offender, the agreement with the victim, the fact that the vehicle is covered by the comprehensive motor vehicle insurance, the damage is serious, the defendant's negligence, the circumstances of the accident, and the age of the defendant and the victim, etc., the punishment as set forth in the order shall be determined.