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(영문) 춘천지방법원 원주지원 2017.03.23 2016고단1154

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On May 13, 2016, the Defendant driven a non-registered two-wheeled vehicle at around 18:00, and proceeded the front of the D, which is located in the Republic of Korea, with the view to the protection of the South-west market from the remote distance room of the medical center in the Republic of Korea. The Defendant operated a two-wheeled vehicle not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident statement;

1. Application of Acts and subordinate statutes to a traffic accident report and a survey report on actual condition;

1. Relevant Article 46 of the Act concerning facts constituting an offense, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Compensation for Motor Vehicle Damages, and Selection of fines;

1. The part concerning dismissal of public prosecution under Articles 70(1) and 69(2) of the Criminal Act with the detention in a workhouse

1. On May 13, 2016, the Defendant: (a) driven around 18:00 without a registered wheel; and (b) took the front of D, which is located in C in C in the original city, from the long distance room of the medical center to the view of the remaining market.

Since a crosswalk is installed on the front side, the driver of the two-wheeled vehicle has a duty of care to check whether there is a person, etc. who has a road by checking the front side and the left side of the two-wheeled vehicle and to drive the road. However, the defendant, by negligence, neglected to do so, caused the injury to the victim E (W, 15 years old) who was crossing the road near the crosswalk at the right side of the road at the right side of the direction, with the front side of the two-wheeled vehicle, and caused the injury to the victim, which requires treatment for about 14 weeks.

2. The judgment of this part of the facts charged is an offense falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, and cannot be prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. The records of this case can be acknowledged that the victim expressed his/her wish not to punish the defendant in the trial process. Thus, this part of the indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act