beta
(영문) 인천지방법원 2020.10.14 2020고단5661

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaged in urban bus driving service B.

On April 1, 2020, the Defendant driven the above bus around 16:07, and proceeded four lanes prior to the Nam-gu Incheon Metropolitan City and the D Hospital Cancer Center with the 4-lane of the road from the Yancheon-gu and D Hospital Cancer Center.

Since a crosswalk is installed, a driver has a duty of care to build the crosswalk in accordance with the new subparagraph, the driver has a duty of care to ensure that the driver is able to take care of the pedestrian, to properly operate the brake system, and to prevent the accident in advance by driving it accurately and safely.

Nevertheless, the defendant neglected this and caused the victim E (ma, 66 years of age) who has dried the crosswalk according to the pedestrian signal due to negligence in the yellow signal.

Ultimately, the Defendant suffered from the victim’s negligence on the part of the lower court, i.e., the lower court’s 8 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident, a report on the actual condition, and a visual closure photograph;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order, the sentence shall be determined as ordered in consideration of the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, etc.

Unfavorable circumstances: The defendant's negligence led to the victim who walked on the crosswalk.

The favorable circumstances: there is no other gross negligence such as drinking driving, etc., and the victim is seeking the wife of the defendant by mutual consent with the victim.