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(영문) 전주지방법원 2018.06.19 2018고정150
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 who drives a low-speed car.

On December 7, 2017, the Defendant driven the above vehicle around 19:40 on December 7, 2017, and driven the intersection of 400, 300, 400, and the intersection of the new church in front of the Jeon-gu Seoul Special Metropolitan City, Seojin-gu, Seoul, by straighting the two-lanes from the boundary of the wood station to the high-speed bus terminal, in violation of red signal.

There was a pedestrian crossing from the right side of the course to the left side of the course, according to normal pedestrian signals.

At the time, a person engaged in the driver's duty is responsible for traffic control by signal apparatus, and a crosswalk is installed on the front side, so there was a duty of care to consider whether a pedestrian is crossing, etc., and to prevent the accident by driving according to the signals.

Nevertheless, due to negligence in driving a pedestrian crossing in violation of the signal, the body part of the victim D (V, 52 years old) was placed on the right side of the above victim's vehicle because it was impossible to well see the pedestrian crossing due to negligence.

Accordingly, the defendant suffered injury, such as "flaverization of flaver in the past," which requires approximately six weeks of medical treatment by occupational negligence, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs;

1. Ma1 Vehicle Track video photographs;

1. Statement hearing report (D);

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

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment, has obstructed the victim by breaking the crosswalk in violation of the signal, and thereby has caused the victim to suffer from an unexpected injury.

However, this case is the first crime, and considering the fact that this case is caused by the defendant's disability, and the recent agreement is reached with the victim.

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