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(영문) 인천지방법원 2018.08.13 2018고단4277
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of nine 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 C's driver car.

On April 3, 2018, at around 04:46, the Defendant moved bypassing the crosswalks in front of the E Motor Vehicle Agent in Gyeyang-gu Incheon Metropolitan City, at a speed of four-lanes among the four-lanes in the direction of the forest path.

Since there is a crosswalk where a signal, etc. is installed, in such a case, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle has a way to reduce the speed and to see well the right and the right on the front side of the motor vehicle, and to safely drive the motor vehicle in accordance with the traffic signals to prevent the accident in advance.

Nevertheless, the victim F (60 years old) who cross the crosswalk from the left side to the right side according to the pedestrian signals, without neglecting this, did not leave the front door properly, and instead, received the victim F (60 years old) from the left side of the said car to the upper part above the left side of the said car.

As a result, the Defendant suffered injury to the victim, such as cutting the upper part of the upper part of the body, which requires approximately eight weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of the report on the occurrence of a traffic accident, the actual survey report, and on-site photographs statutes;

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. In full view of the circumstances under the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, and other circumstances of sentencing as indicated in the instant records and trial process, such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the instant crime, means and method, and circumstances after the crime, etc., the sentence identical to the order shall be determined.

The crime of this case is committed by the defendant in violation of the duty to protect pedestrians and at the crosswalk.

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