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(영문) 청주지방법원 2019.03.22 2019고단115
교통사고처리특례법위반(치상)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B M& car.

On December 21, 2018, the Defendant driven the above car on December 12:20, 2018, and driven it on the front of the Diplomatic Conference in the petition-gu Cheongju-si, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, the front of the Diplomatic Conference in the petition-gu, Chungcheongnam-do.

At the same time, a signal, etc. has been installed, so in such cases, the driver had a duty of care to take the front door and left door well and to prevent accidents in advance by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and caused the Defendant to have the front part of the F CB15 motorcycle driving by the victim E (the age of 39) who was crossing the crosswalk in accordance with the pedestrian signals by negligence in contravention of the red signal, and caused the Defendant to have the front part of the above car.

Ultimately, the Defendant suffered injury to the victim, such as brain salvin, which requires approximately eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on the occurrence of a traffic accident, a traffic accident report, a photograph at the scene of an accident, and a photograph of CCTV image-fags;

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

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

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

1. Unlike the Defendant’s assertion of the reasons for sentencing the sentencing of Article 334(1) of the Criminal Procedure Act, it cannot be deemed that the fact of violation of signals is relatively clear and the victim’s degree of injury is less light.

However, the fact that the defendant is the first offender and agreed with the victim, that the victim was negligent in driving along the crosswalk, and the age, character and conduct, intelligence and environment of the defendant, relationship with the victim, motive, means and consequence of the crime of this case.

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