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(영문) 대구지방법원 2018.02.28 2017고단6644

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a driver of CAD car.

On August 4, 2017, around 11:10, the Defendant driven the front crosswalk in Daegu Northern-gu D, Daegu-gu, by using the two-lanes from the indoor sports hall to the three-lane distance from the indoor sports hall, at the speed of 61 to 59km each hour, along the two-lanes from the direction of the indoor sports hall.

At this point, a person engaged in driving on a road with a restricted speed of 30km has a duty of care to prevent accidents by driving at a limited speed.

Nevertheless, the Defendant was negligent in driving at a speed exceeding 29 to 31 km at every hour, and the victim F’s bicycle right-hand part on the right-hand side of the Defendant’s driving direction, riding a bicycle on the right-hand side of the crosswalk.

As a result, the Defendant caused the victim to suffer less than two injury to the victim, which requires an open treatment for about 20 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on a traffic accident (1) (2) and report on the scene of the accident;

1. A criminal investigation report (as to the speed limit on the place of accident), internal investigation report (as a result of analysis by the Road Traffic Authority), investigation report (assigning toCCTV images), CDs;

1. Application of Acts and subordinate statutes (F);

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. The sentencing conditions indicated in the records, such as the Defendant’s age, sexual conduct, environment, motive and circumstance after the crime, etc., shall be determined as ordered by the Criminal Procedure Act, taking into account the following: (a) the Defendant’s occupational negligence in sentencing of Article 334(1) of the Criminal Procedure Act; (b) the Defendant’s reflection of the Defendant; (c) the Defendant subscribed to comprehensive insurance; (d) the Defendant agreed with the victim; (e) the Defendant’s primary offender; and (e) the Defendant’s age, sexual conduct