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(영문) 제주지방법원 2019.05.17 2018고정395

교통사고처리특례법위반(치상)

Text

A fine of three million won shall be imposed on a defendant.

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

Reasons

Punishment of the crime

On March 26, 2018, at around 07:10 on March 26, 2018, the Defendant driven B cargo vehicles, and turned to the left at the front of C at Jeju.

At the same time, the house is frequently located as a densely-populated area, and in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle so as not to cause harm to pedestrians by checking well the right and the right of the motor vehicle driver.

Nevertheless, the Defendant did not confirm the victim E (the age of 73) coming from the above cargo vehicle due to the negligence of driving a bruptly without looking at the right and right and right and right and right, and had the victim go beyond the road by shocking the body of the victim with the front part of the above cargo vehicle, and caused the victim to suffer bodily injury, such as double bridges, which require four weeks of medical treatment.

Summary of Evidence

1. Statement made by the defendant in this court;

1. A statement of persons involved in the traffic accident of E (F scripts) shall be entered;

1. Each entry of a police officer's report on a traffic accident and a report on the occurrence of a traffic accident;

1. Statement of the automobile insurance subscription certificate;

1. Application of each Act or subordinate statute of the general medical certificate for doctor G or H E in the course of preparation;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. 【The grounds for sentencing of Article 334(1) of the Criminal Procedure Act 【The scope of applicable sentences under the law】 A fine of KRW 50,000,000,000 for a fine of KRW 20,000 for a fine of KRW 3 million. However, in light of the fact that the victim suffered serious injury due to the instant accident, and that the defendant was not able to get used by the victim, as claimed by the defendant, the above amount of fine is excessive.