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(영문) 부산지방법원 2017.01.20 2016고단7191

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 drives a cruise car.

On October 29, 2016, the Defendant driven the above car on October 29, 2016, and moved the crosswalks front of the Busan Jung-gu Switzerland to the intersection from the 40 stairs room to the intersection.

Since a pedestrian crossing is installed, the person engaged in the driving duty has a duty of care to check whether there is a person who gets a pedestrian crossing by reducing speed and by checking well the right and the right of the road.

Nevertheless, the defendant, who did not temporarily stop and proceeded to the left-hand side of the victim D (W, 67 years old) who was standing a crosswalk from the right-hand side of the course due to his occupational negligence, was shocked into the front-hand part of the said car.

Accordingly, the Defendant suffered injury to the victim, such as the mouth of the outer team in need of approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident (No. 3 No. 5 of the evidence list) 1: An investigation report on actual traffic accident;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to photographs by cutting a black stuffed video images;

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

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

1. Although the occurrence of a traffic accident due to negligence that does not seem to have the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, which caused the victim to suffer any weak injury, a traffic accident shall be determined as ordered by the Criminal Procedure Act, by comprehensively taking into account the following factors: (a) the fact that the victim recognized the error; (b) the victim has agreed with the victim; (c) the vehicle is covered by comprehensive insurance; (d) the Defendant’s age, sex behavior, environment, circumstances leading to the crime; and (e) the circumstances after the crime.