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(영문) 수원지방법원 성남지원 2018.08.23 2018고단1295

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 is engaged in driving a B car.

On October 23, 2017, the Defendant driven the above car at around 19:25 on October 23, 2017, and driven the front road of the Gyeonggi-si, Gyeonggi-do along the two-lanes between the two-lanes in the direction of the Vari-si Intersection.

In this case, the driver of the vehicle has a duty of care to reduce the speed of the driver of the vehicle, to see the right and the right, and to drive the vehicle safely in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and caused the victim D (the age of 27) crossing the road from the right-hand side of the Defendant’s running direction to the left-hand side of the time-marine to the front-hand part of the car.

Ultimately, the Defendant suffered injury, such as cage cages, etc., from the victim’s occupational negligence in need of approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A survey report on actual conditions;

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

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

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

1. The responsibility of the victim is heavy in light of the fact that the victim suffered serious injury by the negligence of the defendant for the reason of sentencing Article 334(1) of the Criminal Procedure Act in the order of provisional payment.

However, it shall be determined as ordered by comprehensively considering the following factors, such as the defendant's age, environment, sexual conduct, motive and means of the crime, circumstances after the crime, etc., and all the sentencing factors indicated in the theory of the change, such as the fact that the defendant is against the victim, that the victim has agreed smoothly with the victim, that the vehicle is covered by the comprehensive motor vehicle insurance.