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(영문) 대전지방법원 서산지원 2018.04.26 2018고단116
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 driving a K3 car.

On December 14, 2017, the Defendant driven the above car on December 22:15, 2017, and proceeded at the speed of 60km/h, depending on one lane from the Seosan Seaside to the large-scale road at the entrance of Seosan City.

There was a duty of care to confirm whether a person engaged in driving service is a person who has a crosswalk with a signal, etc., and has a duty of care to drive safely according to the new code.

Nevertheless, the Defendant neglected this and neglected and proceeded with a stop signal, and caused the Defendant’s injury to the victim D (the 49-year old-age-old) by taking the right bridge of the victim D (the remaining and the 49-year-old age-old) on the right side of the Defendant’s driving direction from the right side of the road in accordance with the pedestrian signals. The Defendant sustained approximately 14 weeks of treatment for the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A report on internal investigation (related to the location of a victim, telephone conversationsd with a victim, and investigation of CCTV at the scene);

1. The signal cycle tag;

1. Each written diagnosis (D);

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a selective fine for punishment (the fact that the defendant commits an error, the fact that the victim has paid a reasonable amount of compensation for damage, the first offender, the degree of the defendant's breach of duty of care, and all other conditions of sentencing as shown in pleadings);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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