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(영문) 의정부지방법원 2013.07.09 2013고단286
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 20, 2012, at around 19:20, the Defendant was driving CCA1105 Obaba in front of the CU convenience store located in the Sincheon-si, Sincheon-si, and was moving to the Hancheon-si at the direction of the Sincheon-si Public Health Center. At night, the above location was near the crosswalk, and thus, the Defendant was obliged to take a duty of care in advance to reduce the speed of the bypass exhibition and prevent the occurrence of the accident. However, the Defendant did not discover the victim D (the age of 56) crossing the road due to the occupational negligence that occurred before the bypass, and caused the victim to suffer from the injury, such as the flabacing flacing, etc., without a two open address that requires treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to traffic accident report and photographic site;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case is not good in light of the fact that the victim’s injury to the reason for sentencing under Article 334(1) of the Criminal Procedure Act is not less light, that the defendant’s injury was not covered by mandatory insurance, that was committed during the suspension period of execution of imprisonment due to assault or bodily injury, and that it was committed during the suspension period of execution of imprisonment, etc.

However, the crime of this case, including the crime of bodily harm caused by violence, is also a crime committed by the defendant, who committed contingent or negligent acts in the process of withdrawing from high school and taking a variety of arche, and taking care of the parents who are not good in health, and is committed in the process of committing the crime of this case. The defendant paid the medical expenses of the victim's hospital, without permission of the victim, which caused the accident of this case.

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