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(영문) 의정부지방법원 2017.08.24 2017고정1005
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle with low bid.

On October 12, 2016, the Defendant driven the above car at around 16:22 on December 12, 2016, and continued to drive the two-lane road in front of the E in South Yangju City, along the two-lanes from the sloping bank to the west bank of the Southwest-do.

Since a vehicle signal apparatus and a crosswalk are installed, the driver of the vehicle has a duty of care to care for the person engaged in driving the vehicle to thoroughly see the situation where the driver of the vehicle is on the front side and the right side, and to safely drive the crosswalk in accordance with the traffic signals.

Nevertheless, the Defendant neglected this and got off the right side of the crosswalk from the right side of the direction of the course due to the negligence in which the Defendant left the red head of the red knife, and got off the front side of the victim F(F 10 years old) with the front side of the said car.

Ultimately, the Defendant suffered approximately eight weeks of medical treatment due to the above occupational negligence, resulting in double duplicating, etc. to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on the occurrence of a traffic accident, the report on the occurrence of the accident, the camera of the accident, the field photograph, the actual survey report, the diagnosis certificate, and the F;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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 grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant’s acknowledgement of the criminal facts of this case and reflects his mistake; (b) the Defendant’s smooth agreement with the victim; and (c) the fact that there was no record of special criminal punishment except for the punishment of fines imposed once by a crime of violating the Road Traffic Act around 2000.

On the other hand, however, the victim who walked at the crosswalk by negligence in violation of the signal.

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