교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10 million.
The above fine shall not be paid by the defendant.
The summary of the grounds for appeal (e.g., a fine of 2.5 million won) sentenced by the court below is too uneased and unfair.
2. The judgment is that the Defendant has no record of criminal punishment in the Republic of Korea, reflects the crime in depth, and that the Defendant subscribed to the liability insurance in the instant case and paid KRW 1.2 million insurance money to the victim, and that the Defendant performed the obligation to pay indemnity amount of KRW 9,171,290 of the insurance money paid to the victim by the victim insurance company is favorable to the Defendant.
However, the traffic accident of this case, however, is serious as occupational negligence, is that it strings pedestrians who have dried the crosswalk in the pedestrian signal while the defendant was driving the otobb.
Although the Defendant alleged that it was not easy to identify signal signals in the direction of the Defendant’s driving, the Defendant paid attention to ascertain whether the signal in the direction of driving is red signal or green signal, and even if there was no signal apparatus, in the case of the crosswalk, if it is considered that the signal in the direction of driving is a crosswalk without signal apparatus (in the instant crosswalk, it is difficult to see it as a place where there is no signal apparatus because the road is driving across the 7-lane road with heavy traffic volume, it is difficult to see it as a place without signal apparatus), it is also necessary to pay due attention to pedestrians, while driving the crosswalk as it is without taking measures to reduce the speed in front of the crosswalk and to grasp the situation, and thus, it is sufficient for the Defendant to take care of pedestrians. Therefore, the above circumstances do not put the Defendant’s duty of care on duties.
The victim suffered a serious injury for about 12 weeks of medical treatment due to the instant accident, and each insurance company only paid the minimum amount of insurance proceeds through each insurance company, but did not seem to have sufficiently compensated, but did not have agreed with the victim.
In each of the above circumstances, the defendant's age, character and conduct, family relationship, circumstances before and after the crime, and the defendant who is a foreign nationality is specified.