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(영문) 서울중앙지방법원 2020.04.29 2020고단1801

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving vehicles B Neas G70.

On January 11, 2020, the Defendant driven the above vehicle at around 09:00, and proceeded with the front road of Gangnam-gu Seoul Metropolitan Government C along with E-section from D to E-section.

At all times, since a crosswalk without signal lights is installed, it is confirmed whether a person engaged in driving of a motor vehicle has a pedestrian by reducing the speed and properly examining the right and the right and the right of the motor vehicle, and if a pedestrian passes the crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk in order to make him/her pass or yield his/her course and prevent the accident in advance.

Nevertheless, the defendant neglected this and went beyond the right side of the vehicle of the victim F (year 56) who was standing the crosswalk from the right side of the vehicle in the direction of the vehicle of the defendant.

As a result, the Defendant suffered injury, such as flaging fladrating flag, which requires approximately eight weeks of treatment by occupational negligence as above, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement on the occurrence of traffic accidents;

1. A traffic accident report;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant 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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 20,000 won;

2. The scope of the recommended sentencing guidelines: The sentencing guidelines are not applicable as the person has been selected to impose a fine; 3. Determination of the sentencing guidelines: the age, character and conduct, family relationship, motive and means of the crime of the defendant in the following circumstances: fine of KRW 5,00,00;