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(영문) 광주지방법원순천지원 2020.08.27 2020고단1105

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of seven 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 duty of driving a W125 motorcycle.

On December 20, 2019, the Defendant driven the above motorcycle on December 18:20, 2019, and driven the front of the D-Road C, which is located in C, from the third side of the water-based apartment, driven from the west side of the water-based apartment.

Since the location is a intersection where signal apparatus and crosswalk are installed on the front side, the driver has a duty of care to check whether there is a person to scam the crosswalk by checking well the right and the right and the right and the right and the right and the right, and to accurately operate the steering direction and the brake system, and to safely drive the signal in accordance with the signals and prevent the accident from occurring.

Nevertheless, when the Defendant neglected this and proceeded with the red light and due to negligence, the Defendant was faced with the front wheel part of the victim E (the 59-year-old) with the right side of the road, along with the pedestrian signal from the port side of the defendant's right side, in which the victim E (the 59-year-old) was placed.

As a result, the Defendant suffered approximately 13 weeks of treatment from the victim due to the above occupational negligence, i.e., a non-gu owner and a post-gu owner in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to E (Simplified traffic);

1. A traffic accident report;

1. Application of Acts and subordinate statutes to medical certificates (victim E);

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is the case where the defendant, in violation of the signal by the pedestrian signal, received the victim who has dried the crosswalk, and caused the victim a bodily injury requiring medical treatment for 13 weeks, and the degree of the violation of the surrounding duty is heavy and the degree of the injury suffered by the victim.

(b).