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(영문) 청주지방법원 2018.08.23 2018고단340
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 C-A-hurd motor vehicle.

On December 12, 2017, the Defendant driven the above car at around 10:00, and moved the front road D located in the petition district at the Cheongju-si from the modern apartment protection zone to the reduction of the distance of driving.

At that time, the crosswalk is installed on the front of the road. In such cases, if a person engaged in driving service passes the crosswalk as well as his/her front and right and right are well examined to reduce the speed, a pedestrian has the duty of care to temporarily stop in front of the crosswalk, to check the safety of pedestrians, to send the pedestrian first and to prevent the accident, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this as it is, and instead, did not find out pedestrian F (71) crossing the crosswalk from the right side to the left side, and caused the damage to the front part of the above Aburged vehicle by shocking the victim.

Ultimately, the Defendant suffered injury, such as light flaging on the left side and flag pulvering flaging on the 10 week left side, which requires approximately 10 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A photographic image of an accident;

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 and the proviso to Article 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 criminal facts;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include traffic accidents due to the Defendant’s negligence, which led to the occurrence of traffic accidents, but the Defendant recognized the mistake of the Defendant, the primary offender, the agreement with the victim, and other factors requiring sentencing under Article 51 of the Criminal Act, shall be comprehensively taken into account.

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