logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.07.17 2018고단280
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a straw freight vehicle B.

On November 23, 2017, the Defendant driven the above cargo vehicle around 10:35, and proceeded to turn to the left on the side of the Daejeon Central Center at the speed of about 20 to 30km from the beginning of the Seocho Central Center for the road without the front lane of the "D Et" located in Daejeon Central Center. The Defendant continued to turn to the left to the left at the intersection of the Daejeon Central Post Office.

At the time, the road was milched, and there was a crosswalk installed in the front section.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to check whether there is a person crossing the motor vehicle by reducing speed and temporarily stopping the motor vehicle, and to prevent accidents in advance.

Nevertheless, the defendant neglected this and continued to proceed at the same speed on the right side of the crosswalk, and the victim E, who was crossing the crosswalk from the right side of the crosswalk, to the left side of the crosswalk, was unable to find out the victim E (the age of 61).

As a result, the Defendant suffered injury, such as cutting the upper end of the upper end of the 8 week back to the left-hand check, which requires approximately eight weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

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) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of fines concerning facts constituting an offense;

1. Taking into account the following factors: (a) the fact that there is no criminal record against the defendant in the sentencing of Articles 70(1) and 69(2) of the Criminal Act, the vehicle of the defendant is covered by a comprehensive insurance; (b) the fact that the defendant was smoothly agreed with the victim; and (c) the confession and confession are against the victim;

arrow