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(영문) 수원지방법원 안산지원 2019.02.14 2018고단3523

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 28, 2015, the Defendant was sentenced to six months of imprisonment with labor at the Seoul Southern District Court for the crime of interference with business, and completed the execution of the sentence on July 17, 2017.

The defendant is a person who is engaged in the driving of a sti 100-wheeled vehicle B.

On June 22, 2018, at around 20:30, the Defendant driven the above vehicle in front of the 13-luminous viewing road in front of the 13-luminous viewing road, and proceeded into two-lanes of the 3-lane distance shooting range from the breadth of the luminous viewing.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph, after checking whether there is a person who will cut the way by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the defendant neglected this and neglected to neglect the left-hand turn signal, and the pedestrian signal was left-hand side of the victim C, which was a pedestrian who gets a crosswalk from the right-hand side of green signals to the left-hand side of the road.

The defendant's occupational negligence caused injury to the victim, such as cerebral rheat, which does not have two or more organs open to provide medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A witness self-statement of DNA preparation;

1. The actual condition survey report;

1. A report on fire-proof accidents (related to shots);

1. A medical certificate;

1. Previous convictions in judgment: A criminal investigation report (report accompanied by a written judgment) and application of Acts and subordinate statutes concerning personal confinement;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be determined by comprehensively taking into account all the circumstances shown in the record, including the following circumstances.

The favorable circumstances: The confession and the subscription to comprehensive insurance are disadvantageous.