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(영문) 대전지방법원 2017.03.17 2016고단4227

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a ES5 car.

On June 11, 2016, the Defendant driven the above car at around 22:00 and proceeded along three-lanes in front of G companies located in Daejeon Dong-gu, Daejeon, with three-lanes in front of the company located in the Dong-gu, Daejeon, and led the Defendant to the right of way to the discharge from active service.

At all times, there are crosswalks where signal lights are installed, so in such cases, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right on the front side, and to safely circumvent it.

Nevertheless, the Defendant neglected to do so and neglected it, and went on the left side of the victim H(65) who dried up the crosswalk from the right side to the left side of the road in accordance with the pedestrian signals, from the right side of the road course, to the front part of the Defendant’s car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as knee-free side kne-free side kne, which requires approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Considerations such as the degree of negligence by the defendant, degree of injury by the victim, agreed with the victim, and the primary charge in the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order