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(영문) 서울남부지방법원 2018.06.28 2018고단2093

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

around 08:50 on April 23, 2018, the Defendant driven a B MT car and proceeded ahead of Gangseo-gu Seoul Metropolitan Government C with a road of the front of the Gangseo-gu Seoul Metropolitan Government, in a white-water reservoir, from the lower-water reservoir to the lower-est yellow-off signal.

At the same time, there was a pedestrian crossing in which there was no pedestrian signal, etc., so in such cases, if the driver reduces the speed, well sees the right and the right of the front, and the pedestrian passes the crosswalk, the driver has a duty of care to temporarily stop in front of the crosswalk and protect the pedestrian.

Nevertheless, the Defendant neglected to do so and neglected to do so and neglected to do so, and the Defendant, from the right side of the driving vehicle of the Defendant, she did not avoid the victim D (W, 27 years old) who walked to the port from the right side of the crosswalk, and did not get out of the right side of the road, and got the victim into the front part of the Defendant’s vehicle and exceeded the ground.

As a result, the Defendant suffered injury, such as salt, tension, etc., to the right side of the victim, which requires approximately six weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Blucs cambling CD images;

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

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

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the negligence or degree of damage of the defendant is not somewhat weak, and the victim desires to be punished by the defendant, which is disadvantageous to the defendant.

However, the fact that the defendant subscribed to a comprehensive insurance, that the defendant deposited 2,000,000 won for the victim, and that there is no criminal record of suspended execution or more is favorable to the defendant.

Article 51 of the Criminal Code, such as the defendant's age, occupation, and family environment, is stipulated in these various circumstances.