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(영문) 광주지방법원 2018.11.08 2018고단3213
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 engaged in driving a 125CC-wheeled Vehicle.

On June 16, 2018, the Defendant driven the above vehicle at around 20:50, and driven the front road in Gwangju Mine-gu D using three-lanes in the direction of the lower-nam heart hospital in the direction of the lower-nam heart hospital from the right edge of the gas station in Gwangju Mine-gu.

Since a crosswalk is installed on the front side, there was a duty of care to check whether a person engaged in driving service has a duty of care to reduce the speed, to live well on the front side and the right and the right, and to safely drive the road.

Nevertheless, due to the negligence of neglecting this, the victim F(50 years of age) was the front front part of the Defendant’s front front part of the vehicle using the crosswalk in the direction left side of the proceeding with the right side of the crosswalk.

After all, the Defendant suffered from the victim F by occupational negligence the victim F in 12 weeks of treatment, a pelle, a pelle, the right slotle, and a pelle in half of the year.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report (1) a survey report on actual condition and a traffic accident report (2) a survey report on actual condition;

1. Medical certificates and opinions;

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

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. Article 334(1) of the Criminal Procedure Act provides that the degree of injury of a victim on the grounds of sentencing of the punishment of the provisional payment order is not weak, and the traffic accident of this case is caused by a violation of the duty to protect pedestrians in the crosswalk and thus, the degree of negligence cannot be deemed to be light. However, in a situation where the traffic signal of the victim is not long, the victim goes on the crosswalk and goes on the pedestrian signal at the time of the occurrence of the traffic accident of this case.

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