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(영문) 광주지방법원 순천지원 2016.12.09 2016고단1529

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Switzerland car.

On April 26, 2016, the Defendant driven the above vehicle at around 19:00, and made it left left at about 20 km from the direction of the interesting gymnasium to the side of the non-permanent third apartment at the speed of about 20 km from the direction of the interesting gymnas.

At this point, the signal apparatus is a private-distance intersection installed, and there is a crosswalk towards the direction of the passage, so there was a duty of care to prevent the occurrence of a traffic accident in advance by checking whether there is a pedestrian by reducing speed and checking well the direction of the driver of the motor vehicle, and by safely proceeding in accordance with his own signals.

Nevertheless, the Defendant neglected this and caused the victim C to go beyond the road by taking the body part, etc. of the victim C, who dried the crosswalk in accordance with the pedestrian signals on the left side of the right side of the road when he violated the signal on the red signal and left left by negligence without examining the front side properly.

As a result, the Defendant suffered injury to the victim, such as gympium, galmium, and other gymmetric damage, which require treatment for about two weeks due to such occupational negligence.

Summary of Evidence

Defendant’s legal statement

C Application of the law to the police statement statement report, the actual investigation report, and the on-site evidence examination report to C

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

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

3. The punishment shall be determined by taking into account the following factors: (a) the fact that the defendant commits an error against the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order; (b) the background and degree of accident or damage; (c) the victim wants to punish the defendant; (d) the defendant is the primary offender;