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(영문) 수원지방법원 안산지원 2018.12.13 2018고단3437

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle of DMW320D.

On July 1, 2018, the Defendant driven the above vehicle at around 20:13, while driving the vehicle in the direction of the distance of 5 U.S. between the two-lanes in front of Ansan-si E, Ansan-si, and driving the one-lane in the direction of the distance of 6 U.S. T.

Since a crosswalk is installed on the front side, it was confirmed whether a person engaged in driving service is walking the crosswalk by reducing the speed and by properly examining the right and the right of the road, and if a pedestrian passes the crosswalk, he/she has a duty of care to safely drive the crosswalk by temporarily stopping in front of the crosswalk and not hindering pedestrian crossing.

Nevertheless, the Defendant was negligent in driving a vehicle by neglecting it and neglecting it at the front direction of the vehicle in the direction of the vehicle of the Defendant, thereby obtaining the victim F and G who walked along the crosswalk from the left side of the direction of the vehicle of the Defendant to the right part of the front part of the Defendant vehicle.

After all, the Defendant suffered from the above occupational negligence on the part of the victim F, the injury of the victim F, such as mathal mathal on the left-hand side, which requires approximately five weeks of treatment, and the injury of the victim G, such as mathal mathal mathal in the external brain structure, which requires approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes on the photograph list;

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 concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Based on the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, the punishment shall be determined by comprehensively taking into account all the circumstances recorded in the record, including the following circumstances.

A favorable condition: A confession, agreement with victims, and circumstances unfavorable to the purchase of the comprehensive motor vehicle insurance: The crime is committed against pedestrians in the crosswalk.