교통사고처리특례법위반(치상)
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The defendant is a person who is engaged in driving of CSP car.
On November 10, 2016, the Defendant driven the above car at around 18:30, and proceeded directly from the center of the central road along the two-lanes in front of Jeju post office, which is located in 7:3-lane 33 (Dong 2, Do) at Jeju, in order to drive the above car at around 18:30, the Defendant proceeded directly from the center of the central road along the two-lanes.
Since a crosswalk without signal, etc. is installed on the front side of that place, there was a duty of care to safely drive a vehicle after checking whether there is a person who renders a vehicle driving service by reducing speed and by properly examining the front side and the left side.
Nevertheless, the Defendant neglected to do so and found it late after the victim D (W, 35 years old) who was standing a road along the crosswalk from the right side of the proceeding direction to the left side by negligence while neglecting the duty of the front side of the vehicle and neglecting the duty of the front side of the vehicle, and shocked the part of the victim's left side with the front side of the vehicle.
Ultimately, the Defendant suffered injury to the victim from an occupational negligence in the closure of a heavy sacrife, which requires approximately four weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements prepared in D;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Photographss related to traffic accidents;
1. A medical certificate;
1. Application of Acts and subordinate statutes to report on investigation (to hear statements from victims);
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. 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 grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be taken into account all of the various sentencing conditions specified in the instant pleadings, and in particular, the following circumstances shall be taken into account. The favorable circumstances: (a) reflects the opposite circumstances; (b) agree with the victim; and (c) a circumstance unfavorable to the first offender: the Defendant as a driver of a motor vehicle, is the preferred and basic for pedestrians in the crosswalk