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(영문) 서울남부지방법원 2018.07.26 2018고단2859

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 21, 2018, the Defendant operated a dump truck truck truck truck truck vehicle around 07:07, and proceeded to turn to the left at the seat of the Jindo apartment site located in 1183, Geumcheon-gu Seoul, Geumcheon-gu, Geumcheon-gu, Seoul, for a crime.

At all times, the vehicle signal apparatus installed on the front side is marked to the effect that it can turn to the left at a time such as red, etc., and the crosswalk is installed at a place to enter through the left-hand turn, so there was a duty of care to ensure that a person engaged in driving service has a duty of care to look well at the front and right-hand side of the vehicle and to check whether a pedestrian is a pedestrian.

Nevertheless, the Defendant neglected this and failed to verify whether or not there is a pedestrian in the crosswalk while making a left-hand turn while violating the traffic signal in a green, and caused the victim C (the 75 years old) who was standing on the crosswalk to go beyond the floor by taking the front part of the freight truck of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as cutting the frame of the upper body of light pelpelel, which requires approximately 10 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A fact-finding survey report and a traffic accident occurrence report;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the degree of negligence or damage of the defendant is serious, there are favorable circumstances such as the defendant’s disadvantage, the fact that the defendant agreed with the victim, and the initial criminal intent of the crime.

The defendant shall be punished by a fine in full view of the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, occupation and family environment.