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(영문) 대구지방법원 2019.05.08 2019고정140
교통사고처리특례법위반(치상)
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

around 19:40 on November 10, 2018, the Defendant, at the speed of about 50 km from the 19:40 to the 3-lane road in the direction of the large distance of the road "D Hospital" located in Daegu-gu Dong-gu, Daegu-gu, was proceeding at a speed of about 50 km in speed from the direction of the large distance of the road.

At this point, there was a duty of care to not proceed in violation of a signal to a place where a crosswalk is installed and a signal is normally operated.

Nevertheless, the Defendant neglected to do so and caused the victim to go to the road by taking the body part of the victim F (V, 43 years old) who is crossing the crosswalk from the left-hand (D Hospital) to the right-hand (E) in accordance with the green signals of the pedestrian signal apparatus of the crosswalk.

Therefore, the victim suffered from the injury of salt and tensions, such as open wound and sculp, which requires approximately 6 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Photographss by cutting a black stuff image;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 1 and 6 of the Act on Special Cases concerning Settlement of Traffic Accidents According to the relevant Act concerning facts constituting an offense, and Article 268 of the Criminal Act;

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

1. To reduce the amount of fine prescribed by the summary order by taking into account the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act was notified after the summary order, agreed with the victim, and there was no record of criminal punishment. It is so decided as per Disposition for the reasons above.

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