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(영문) 광주지방법원순천지원 2020.10.14 2020고정134

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a passenger car in B SP area.

On December 15, 2019, at around 17:47, the Defendant proceeded to turn to the left at the seat of the D elementary school from the Tmast School.

Since there are lots of crosswalks installed, in such a case, when pedestrians walk the crosswalks by reducing speed and checking the right and the right and the right of the driver, there was a duty of care to temporarily stop in front of the crosswalks, check the safety of pedestrians, check the safety of pedestrians and prevent accidents in advance.

Nevertheless, the Defendant neglected this and neglected to perform his duty to protect pedestrians on the left side of the course and led the victim E ( South and 68 years old) who dried the crosswalk to the right side of the crosswalk in accordance with the pedestrian signals, with the left side of the driver's vehicle.

The Defendant suffered injury to the victim, such as the left-hand 5 weeks of treatment by occupational negligence, i.e., pulverization of the 5-day left-hand flusium.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the occurrence of a traffic accident and reporting on a traffic accident;

1. Medical certificates (E);

1. Application of Acts and subordinate statutes to investigation reports (victim E telephone conversations);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1), 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 Selection of Punishment, and Article 268

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes and reflects the crime of this case. However, the victim, who was the victim of the crosswalk due to the traffic accident of this case, suffered an injury that was not less than five weeks in need of medical treatment, constitutes an element for sentencing unfavorable to the defendant.

In addition, the situation before and after the instant traffic accident, the injury of the victim, the degree and degree thereof, and the victim.