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(영문) 인천지방법원 2018.01.12 2017고단8568
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Switzerland car.

On October 10, 2017, the Defendant driven the above vehicle at around 21:30, and moved back to the IM surface of Korea from the shooting distance north of Incheon Bupyeong-gu to the intersection of the shooting distance.

At all times, a person engaged in driving of a motor vehicle by an intersection with signal lights and crosswalks on the front side has a duty of care to check whether there is a pedestrian who has a road on the crosswalk and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected this and neglected the right-hand, and the Defendant d's vehicle left-hand bridge part of the victim D(W, 62 years old) to build a road from the front door of the commercial building to the front door of the driver's car, as the front door of the driver's car.

Ultimately, the Defendant suffered injury to the victim, such as “L1’s frame” that requires approximately 12 weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

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

1. Relevant legal provisions concerning criminal facts, 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 Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act (the degree of injury of the victim due to the instant traffic accident) of the Criminal Procedure Act, favorable circumstances [the fact that the victim is recognized as a criminal act, the fact that the victim does not want the punishment of the defendant by mutual consent with the victim, the vehicle of the defendant is covered by a comprehensive insurance, the vehicle of the defendant is covered by the comprehensive insurance for about 15 years, and there is no criminal record for 70,000 won for driving under the influence of alcohol in 203, and there is no other criminal record.]

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