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(영문) 전주지방법원 2017.09.05 2017고정397
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving BMW X5 vehicles owned by Jinjin Co., Ltd.

On November 1, 2016, the Defendant driven the above vehicle on November 21, 2016, and proceeded with the crosswalk in front of the D convenience store located in the Yansan-gu Seoul Special Metropolitan City on the front side from the guest room to the intersection.

Since there was a crosswalk, the driver of the motor vehicle has a duty of care to prevent the accident in advance by checking whether there is a pedestrian who stops or walks the crosswalk when the pedestrian is traveling along the crosswalk.

Nevertheless, the Defendant neglected this and proceeded along without examining the front side properly, and discovered the victim E (60) walking along the crosswalk from the right side of the Defendant’s proceeding to the left side, and operated it later. However, the Defendant did not stop and was placed on the left side of the victim E (60) as the front side of the Defendant’s vehicle.

Defendant 1 suffered from the above occupational negligence the injury of the victim E (60 tax) in 10 weeks, focusing on the non-explosion and the non-permanent injury of the two mains, focusing on the absence of an open two mains, which require approximately 10 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident;

1. Report on internal accidents (related to the statement of a wooden person);

1. A survey report on actual conditions;

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. Consideration of various circumstances, such as the background and result of the instant accident for sentencing under Article 334(1) of the Criminal Procedure Act, age, occupation and living environment of the defendant, result of criminal conciliation

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