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(영문) 의정부지방법원 2021.02.02 2020고단5141
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 a K5-car.

On August 27, 2020, the Defendant driving the above vehicle around 11:10 on August 27, 2020, which led to the front road C at the Government Military Manpower Administration of the Gyeonggi-si to D-do.

At the time, there was a situation in which the view of the view was coming, and there was a crosswalk in which the signal, etc. for the vehicle is installed, and thus, there was a duty of care to safely drive the steering gear and the brakes by accurately manipulating them.

Nevertheless, by negligence, the Defendant neglected this, received the victim E (the remaining, 73 years old) who walked along the crosswalk in accordance with the crosswalk green signal from the right side of the Defendant’s proceeding to the left side, as the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the closure of a saving hole that requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. The application of the defendant's legal statement 1. E to the police statement report (port of simple traffic), the diagnosis report on the occurrence of a traffic accident, and the field and vehicle photographs, and the application of the bable image image-related statutes;

1. Relevant legal provisions of the relevant criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act, Article 268 of the Criminal Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the defendant shocked the victim who walked on the crosswalk in accordance with green signals in violation of the signal and thus, the degree of violation of duty of care is serious, the victim's injury is serious, but the defendant's agreement with the victim that the victim does not want the punishment against the defendant, the defendant's primary offender who has no criminal history, and the defendant's age, sexual behavior is excessive.

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