beta
(영문) 전주지방법원 2017.12.05 2017고정657

교통사고처리특례법위반(치상)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 16, 2017, the Defendant is a person driving a hurd motor vehicle B, and operated the said motor vehicle at around 08:25 on June 16, 2017, and made a left-hand turn to the left-hand turn on the side of the hurdung-ro 98, Samcheon-gu, Seoul-ro, Seoul-ro, “Seman apartment 105-dong” from the hurg section of the “Surg School.”

Since a crosswalk is installed, the driver of the motor vehicle has a duty of care to safely drive the crosswalk after checking the front side and the right and the right and the right of the motor vehicle and checking whether there is a person.

Nevertheless, the defendant neglected to do so and neglected to do so, and caused the victim C (the 62 years of age) who dried the crosswalk from the right side to the left side of the above vehicle.

As a result, the Defendant suffered from the above victim’s occupational negligence such as “rain salt and tension,” which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Accident scene and vehicle 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. A fine not exceeding 700,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (the details and result of the instant accident, the fact that the victim does not want to be punished against the defendant, and various circumstances, such as the age, occupation and living environment of the defendant);