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(영문) 광주지방법원 2017.05.18 2017고단523
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person driving BM7 motor vehicles as his duties.

around 13:30 on December 23, 2016, the Defendant driven the said car on the front side of the salary line to the two-string distance (one-day apartment) from the upper side of the salary line, while driving the said car on the front side of the 67 string line of the Nam-gu Seoul, Nam-gu, Seoul.

Since a crosswalk without signal, etc. is installed, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle, by reducing the speed and properly operating the steering and steering gear, and by checking whether a pedestrian has a pedestrian seat, the driver of the motor vehicle has a duty of care.

Nevertheless, the Defendant neglected this and got the front part of the bridge of the victim C(48) who dried the crosswalk due to negligence in driving the crosswalk as it is, and got the victim over the floor, thereby causing damage to the victim, which requires about seven weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

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

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, based on the Defendant’s age, sex, environment, circumstances before and after the crime, and other various sentencing conditions as stated in the record of the instant case, such as the Defendant’s first offender recognized the instant crime and reflects his mistake, and agreed with the victim that the injured person does not want the Defendant’s punishment.

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