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(영문) 인천지방법원 2017.11.29 2017고단7290
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 who is engaged in driving a Switzerland car.

On July 7, 2017, the Defendant driven a above-mentioned vehicle around 20:20 on July 7, 2017, and led to the front of the Incheon Bupyeong-gu 312-ro, Bupyeong-gu, Incheon, to drive the crosswalk toward the high-priced level on the side of the Bupyeong-gu.

At the time, since the slick road is slick and pedestrians walk the crosswalk, there was a duty of care to temporarily stop in front of the crosswalk so as not to obstruct or endanger the passage of the pedestrian, and prevent the accident in advance.

Nevertheless, the Defendant neglected this and did not discover the victim C (V, 66 years old) who was a frighter of the Madern crosswalk due to negligence, and received the parts of the victim’s body in front of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as damage to kidne without any open room within six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to survey reports and diagnostic certificates;

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. In light of the fact that the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, with respect to the detention of the workhouse, the defendant is not good to commit the crime, such as paying a traffic accident that shocks the victim who has dried the crosswalk due to his careless driving, etc., and that the victim has suffered any unexpected injury, etc., the defendant's liability shall not be exceptionally imposed.

However, since then the defendant agreed with the victim, the fact that the defendant's mistake is divided in depth, the defendant has no record of crime so far, and the defendant's age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime are committed.

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