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(영문) 인천지방법원 2021.02.17 2020고단9355
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 the business of driving a modern 15 tons truck.

On July 1, 2020, the Defendant driven the above truck, which is around 08:42 on July 1, 2020, and operated the front road of the private-distance intersection in 1 A, Jung-gu, Incheon, Jung-gu, Incheon, to the ebbbbs of Incheon.

Since there is an intersection where a signal such as a red on-and-off light is installed, in such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking whether there is a pedestrian in the immediately preceding temporary stop when there is a crosswalk.

Nevertheless, when the defendant neglected to temporarily stop and left without temporarily stop, the defendant did not find out the victim C (the remaining, 82 years old) who dried the crosswalk on the right side from the right side of the running direction of the horse, and received the victim as the front part of the above truck operated by the defendant.

Ultimately, the Defendant suffered injury to the victim, such as a flasium and flasium, which require approximately 10 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

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

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

1. Relevant legal provisions of the relevant criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act, Article 268 of the Criminal Act, and selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances: (a) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (b) the sentencing conditions stated in the pleadings of the instant case, such as the circumstances after the crime, shall be determined as ordered by the Criminal Procedure Act.

A disadvantageous situation: The defendant suffers an injury to a victim who walked on a crosswalk while driving a large truck in violation of the signal.

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