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(영문) 춘천지방법원속초지원 2020.10.07 2019고단407

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 B-Wood vehicle.

On June 17, 2019, the Defendant came to turn to the left from the front road of the Sinsi Si, Seocho-si around 02:00, and from the front police station of the Sincho police station, the Defendant came to turn to the left.

At this point, the vehicle signal lights, pedestrian signal lights, and crosswalks are installed. In such a case, not only the driver of the vehicle but also the driver of the vehicle has a duty of care to drive the vehicle in accordance with the signals by reducing speed and by properly examining the right and the right of the road, but also the driver of the vehicle has a duty of care to drive the vehicle safely.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded to the left turn on the red signal in violation of the signal, the Defendant shocked the left side of the victim F (the age of 24) who walked on the crosswalk from the right side of the road to the left side of the pedestrian signals according to the pedestrian signals, into the front part of the driver's vehicle of the Defendant, and caused the victim to go to the road.

Ultimately, the Defendant suffered injury to the victim, such as the need for medical treatment for about five weeks, due to the negligence in the above business.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the actual condition of the statement by the police officer with F on the statement, report on the traffic accident, photographs of the traffic accident, carving, investigation report (verification of black stuff image);

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

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

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

1. The sentencing conditions under Article 334(1) of the Criminal Procedure Act, including the following conditions and age of the defendant, the circumstances leading to the crime, and the restoration of damage, shall be determined as per the order.

The favorable circumstances: the defendant acknowledges his mistake and commits the same kind of crime.