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(영문) 광주지방법원 2019.11.28 2019고단4235
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

On June 1, 2019, the Defendant driving the said car at around 20:55, and driving it along the two-lane road in front of the D cafeteria in the Jeonnam-gun, Jeonnam-gun, along the two-lane road in front of the D cafeteria from the E-section.

Since there are pedestrian crosswalks installed in the front door, in such a case, there was a duty of care to check whether a person engaged in driving service gets on the front door and the right and the right of the road, and to safely drive the road.

Nevertheless, the Defendant neglected this and went beyond the road by neglecting his duty at the front time of the car and neglecting it, thereby putting the victim F(F, 71) on the left side from the right side of the running direction of the said car to the left side.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as 14 weeks of treatment, to the right one-time executives in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual survey report on traffic accidents;

1. Reports and investigation reports (related to statements made by shots) (the details of analysis of the Road Traffic Authority);

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing order of provisional payment order is not to be minor to the degree of injury inflicted on the victim due to the instant traffic accident, and the instant traffic accident is also serious to the degree of negligence committed by the defendant as it violated the duty to protect pedestrians

However, the defendant's driver's vehicle is covered by the comprehensive motor vehicle insurance, and there is an additional agreement with the victim, and his mistake.

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