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(영문) 대구지방법원 김천지원 2017.11.22 2017고단1253

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of C Eth Motor Vehicles.

On May 23, 2017, the Defendant, around 08:39, was going to the right of way from the 3rd apartment bank to the slope of the next hospital.

Since a crosswalk is installed at a front door, it was confirmed whether a person engaged in driving of a motor vehicle has a right to reduce the speed and unfold the front door well, and there was a duty of care to safely drive the motor vehicle in accordance with the traffic signals to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and neglected to proceed with it, thereby resulting in the victim D (the age of 45) who was standing a crosswalk from the right side of the Defendant’s proceeding to the left side, and received the victim D (the age of 45) from the right side of the Defendant’s vehicle.

As a result, the Defendant suffered from the victim’s negligence in the course of performing the above duties for approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements related to D traffic accidents;

1. A report on the occurrence of a traffic accident, a report on the actual condition investigation, and photographs;

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. Although the degree of negligence of the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act cannot be somewhat weak, the defendant shall be punished by a fine, taking into account the following circumstances: (a) the defendant's age, occupation and family environment and other factors, such as the fact that there is no same criminal record and no criminal record above the suspension of execution; and (b) the injured person does not want the punishment of the defendant by agreement with the victim.