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(영문) 인천지방법원 2020.11.25 2020고단5256

교통사고처리특례법위반(치상)

Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving freight B.

On May 16, 2020, the defendant driving a cargo vehicle around 13:40 on May 16, 2020, and turn to the left of the road front of the C Building at the southyang.

Since a crosswalk is installed, in such cases, the defendant has a duty of care to safely drive the road by checking whether he/she has a person to reduce speed and to see his/her right and right and right.

Nevertheless, the Defendant neglected this and neglected to turn to the left, and received the victim D (the age of 44) who was a frighter at the mash-wing crosswalk as the front part of the Defendant’s cargo vehicle.

The Defendant suffered injury, such as the cutting of a pelpelto, which requires approximately 12 weeks of medical treatment, due to these occupational negligence.

Summary of Evidence

1. Application of Acts and subordinate statutes to traffic accident reports prepared by the defendant's legal statement D;

1. Relevant Article 3(1) and the proviso to Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the choice of fines (the victim does not want the punishment of the defendant by mutual consent with the victim after the institution of public prosecution, taking into account the circumstances in which the criminal record of the defendant was committed twice before 2008;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;