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(영문) 의정부지방법원 고양지원 2018.05.31 2017고단2259

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a passenger car in B benz Sls AMG.

On June 17, 2017, the Defendant proceeded at a speed of about 57 km on the side of the station where the front of the Dong-gu, Busan Metropolitan City C (D pharmacy) (D pharmacy) was at the speed of about 57 km from the direction where the Defendant is running, at the speed of 01:25.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents, such as making a well-round and left-hand and right-hand, and accurately manipulating the steering and brakes, etc.

Nevertheless, the defendant neglected to do so and proceeded as it is, the victim E (29 tax) was driven by the defendant on the right side of the car driving in front of the driving direction of the car driving in which the defendant is driving, who is standing the crosswalk from the front right side of the car driving to the left side of the road.

Defendant 8 weeks after the above occupational negligence caused injury to the victim, such as the Defendant’s need to give an operational treatment, and approximately eight weeks of medical treatment after the operation.

Summary of Evidence

1. Statement by the defendant in court;

1. A video file storage CD in an accident;

1. An accident statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing insurance policy;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is to be determined by comprehensively taking account of the following circumstances and the Defendant’s age, sex, occupation, environment, circumstances, circumstances, means, results, and various conditions of sentencing as shown in the previous and previous circumstances.

A defendant makes a confession of an offense, and has no record of punishment other than once a fine for different types of crimes.

The victim suffered from the door of the crosswalk at the latest time, and illegally cross the crosswalks without permission. The victim is also responsible for the occurrence of the traffic accident.