beta
(영문) 인천지방법원 2020.06.12 2020고정112

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service of BCA100.

On August 6, 2019, the Defendant driven the above Obaon on the 18:02th day of August, 2019, and led D ahead of the road located in Nam-gu Incheon Metropolitan City, Nam-gu C to the main road from the right edge of the Gu-dong.

At the entrance, there is a facility to restrict the passage of vehicles and horses, and a sidewalk for pedestrian traffic, so there was a duty of care to refrain from operating on the sidewalk to a person engaged in driving service.

Nevertheless, the Defendant neglected to do so and caused the victim E (V, 21 years of age) who was frighted in the opposite side of the vehicle of the Defendant to suffer from the victim’s knee, knee, knee, knee, knee, etc., who was unable to know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. On-site photographs, closure photographs, ozone photographs;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment, etc. of photographs of damaged parts);

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (9) of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

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

1. Although a normal defendant, who is disadvantageous to the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, stops between the accident’s net situation, it is difficult to deem that the instant accident occurred while driving on the sidewalk, and thus, the risk of the form of action is low.

Defendant has been punished for the same kind of crime.

A favorable normal victim is trying to punish the defendant.

There is no history of punishment exceeding a fine.

In addition, considering the age, character, conduct and environment of the defendant, motive, means and consequence of the crime, circumstances after the crime was committed, etc., the punishment prescribed by the summary order shall be reduced somewhat.