(영문) 전주지방법원 2017.05.16 2017고단144

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(영문) 전주지방법원 2017.05.16 2017고단144

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of K5 si.

On December 28, 2016, the Defendant driven the above taxi on December 14:07, 2016, and opened a 1-lane road in front of the D shooting distance in Yansan-gu, Jeonju-si. The Defendant turn to the left at a speed of about 20km from the side of the department store to the SC Japan Bank.

On the front of that place, there is a crosswalk in which pedestrians' exclusive traffic signals do not operate with yellow on-and-off signals, so the driver of the vehicle had a duty of care to safely drive the crosswalk while checking whether the driver of the vehicle has a pedestrian, and to safely drive the crosswalk to prevent accidents in advance.

Nevertheless, the Defendant neglected this and found the victim E (the 76-year old age), which was the left-hand side from the right-hand side of the Defendant’s running direction, and received the victim as a part before the left-hand side of the said taxi, and caused the victim to suffer injury, such as mination and mination on the left-hand side in need of approximately 8 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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 concerning criminal facts;

1. Selection of an alternative fine for punishment;

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

1. Where agreement is reached with the injured party on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act in the order of provisional payment, the following circumstances are considered: (a) the injured party has also joined the mutual aid association; (b) the accused has no same type of criminal record; and (c) the circumstances and result of the instant accident; and (d) the Defendant’s age, occupation

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