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(영문) 의정부지방법원 고양지원 2017.12.08 2017고정1146
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

The defendant is a driver of the B-learning passenger car.

On April 25, 2017, the Defendant driven the above vehicle at around 09:20 on April 25, 2017, and made a left-hand turn to the left-hand turn at the front of the sampling village 202-dong 118-23, which is located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu.

At the point where the left turn is terminated, a crosswalk without signal, etc. is installed. In such a case, the driver of the vehicle has a duty of care to check whether or not there is a person driving the vehicle, and to safely drive the vehicle in order to prevent the accident.

Nevertheless, when the Defendant neglected to turn to the left as it was due to negligence, the Defendant shocked the victim C (the 40-year old age) who was going to the right side of the road along the crosswalk on the right side of the road.

As a result, the Defendant suffered injury to the victim, such as “culption and tension,” which requires approximately three weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

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(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 concerning the order of provisional payment;

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