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(영문) 제주지방법원 2016.05.11 2016고단352
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a fixed cargo vehicle C.

On December 26, 2015, the Defendant driven the above cargo vehicle at around 17:45 on December 26, 2015, and led to turn to the left at the intersection of the private street in front of the E convenience store in Seopo-si, Seopopo-si.

At all times, the intersection is installed as an intersection where traffic is not controlled by signal apparatus, so in such a case, there was a duty of care to view the driver of the vehicle as a person engaged in the driver's duty and to safely proceed with the driver's duty with due care for pedestrians.

Nevertheless, the Defendant neglected to do so, and continued to walk up the victim F (M, 14 years old) who was a road along the crosswalk from the right-hand side of the Defendant’s proceeding to the left-hand side by negligence in the course of his duties, which led the victim to a shooting range after the trucking side of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as the acute pressure pressure 8 chests, which requires approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. A traffic accident report;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. 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 According to the relevant criminal facts, 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 following circumstances are considered in the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The fact of crime is recognized and reflected in the sentence: The defendant's driver's vehicle is covered by the comprehensive motor vehicle insurance; the victim's vehicle is paid KRW 4 million under the pretext of agreement with the victim; and the victim's side does not want criminal punishment against the defendant.

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