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(영문) 의정부지방법원 2018.10.17 2018고단3633
교통사고처리특례법위반(치상)
Text

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

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a driver of QM3 car.

On May 21, 2018, at around 19:20, the Defendant moved the private-distance intersection along which the signal prior to C is installed at the room of the two-way vehicle driving school, bypassing to the green signals of the crosswalk at the front of the two-way vehicle driving school.

At that time, since the signal crossing is a private distance intersection where signal lights are installed, a person engaged in driving service has a duty of care to check the safety of the course and drive safely by properly examining the passage of the front line and the left and right by observing the traffic signals.

Nevertheless, the Defendant neglected this and operated a bicycle on the front side of the front side of the road, which violated signal signals at the first lane of the two-lanes of the front side of the crosswalk green signal, and followed the victim D (17 , South) who operated the crosswalk from the front side of the vehicle to the front side of the road.

Ultimately, the Defendant suffered injury to the victim D due to the above occupational negligence, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions, on-site photographs, and on-site map;

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

1. Article 3(1) and the proviso to Article 3(2)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, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment is an accident that occurred while the victim crossings the crosswalk at a rapid speed, and the degree of injury suffered by the victim seems not to be relatively heavy. The defendant is covered by the comprehensive motor vehicle insurance and the defendant has no significant criminal history in relation to the instant crime shall be considered in light of the circumstances favorable to the defendant.

The motive and background of crimes, including the above circumstances, are as follows.

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