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(영문) 수원지방법원 2017.04.18 2016고단6991

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of four 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 drives a e-math cargo vehicle as his duties.

On October 25, 2016, the Defendant driven the above vehicle at around 14:10 on October 25, 2016, and led to turn to the left at the right angle from the king-ri Corporation at the king-ri Corporation.

At all times, there are crosswalks where signal lights are installed in the direction that the defendant intends to turn to the left, so in such a case, the driver of the motor vehicle has a duty of care to check whether or not there is a person driving the motor vehicle in front and left well and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected to turn to the left without being negligent and had the victim D(61) crossing the crosswalk pursuant to the pedestrian signals go beyond the driving seat of the above vehicle.

As a result, Defendant 1 suffered injury to the victim due to the above occupational negligence, focusing on the absence of any wound in two opens requiring approximately six weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) comprehensively taking into account the following circumstances; (b) the Defendant’s age, family relation, sexual conduct, environment; (c) motive and background of the crime; (d) the means and method of the crime; and (e) the circumstances after the crime, etc., the punishment is determined as ordered.

[The favorable circumstances] The defendant, who led to the confession of the crime of this case, recognized his mistake, and the victims want to be punished against the defendant by mutual agreement.