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(영문) 청주지방법원 2020.03.12 2019고정883
교통사고처리특례법위반(치상)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around 08:00 on May 10, 2019, the Defendant driven a B SP car and was at the left turn at a US speed in the direction E from D to the direction. At that time, the victim F (81 years of age and female) was crossing the road through the crosswalk at the intersection of “type-type square crossing,” where the traffic is not controlled, at that time, at the same time, at the intersection of “type-type crossing,” the victim F (81 years of age and female) was at the intersection of a waste collection center, and at the intersection of the road, at the intersection, at the intersection of the road. As such, the Defendant, who is in charge of driving duties, was not obliged to give due attention to the traffic situation of the road, and if there is a pedestrian crossing the road through the crosswalk, has a duty of care to prevent the accident by yielding the passage to the pedestrian, and due to the occupational negligence, the Defendant caused the victim’s injury to the front side of the Defendant’s driver’s vehicle and caused the victim’s injury to the road that requires pressure.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual survey report on traffic accidents;

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

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act shall be the punishment corresponding to the criminal liability of the defendant who has inflicted serious injury on the victim by shocking the pedestrian, but the punishment shall be determined by taking into account the following: (a) the defendant's mistake is seriously against his/her own fault; (b) the victim does not want the punishment of the defendant by unanimous agreement with the victim; (c) the primary offender who has no criminal power at all; (d) the primary offender who has no criminal history; and (e) the economic situation is insufficient.

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