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(영문) 대전지방법원 2020.08.20 2020고단1094

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a B-End-Wurt Motor Vehicle.

On December 28, 2019, the Defendant driven the above vehicle at around 15:30 on December 28, 2019, and driven the three-lane of the D in front of the Daejeon Jung-gu, Daejeon, along the direction from the direction of the intersection distance.

Since there is a single signal, the driver has a duty of care to report the traffic situation of the front bank well and safely proceed according to the new code.

Nevertheless, due to the negligence of neglecting this, violating the electric light signal and passing through the red light signal stop line, the front part of the victim E (ma, 60 years old) driving the crosswalk on the right side of the victim E (ma, 60 years old) driving on the right side of the vehicle.

Therefore, the victim suffered injury to the victim in detail of the unknown part of the loss requiring treatment for about seven weeks.

Summary of Evidence

1. The police statement of the defendant E in his court statement;

1. Application of the Act and subordinate statutes on the site of accident, a medical certificate of actual condition survey;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

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

1. The Defendant’s reason for sentencing of Article 334(1) of the Criminal Procedure Act, as stated in its reasoning, suffered injury to the victim by passing a crosswalk stop line in violation of a stop signal, and thus, the Defendant’s negligence on the occurrence of a traffic accident is hot.

In addition, since the crime of this case led to the victim's injury requiring seven weeks of treatment on his hand, the result of the crime is also serious.

However, it is reasonable to consider favorable circumstances, such as the fact that the defendant fully acknowledges and reflects the crime of this case, that the defendant does not want the punishment against the defendant by mutual consent with the victim, and that the defendant is the first offender who has no record of criminal punishment.