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(영문) 인천지방법원 2016.11.24 2016고단6240
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 Cro-car.

At around 17:00 on May 23, 2016, the Defendant proceeded at a speed of about 10km from the south-gu Incheon Metropolitan City, the Nam-gu, and the front street to the long-distance breadth from the long-distance breadth slope to the long-distance breadth.

Since there is a crosswalk in which a signal, etc. is installed, a person engaged in driving service has a duty of care to check whether there is a person who has a way to reduce speed in advance and see the right and the right and the right in advance and to drive safely according to the new subparagraph.

Nevertheless, the Defendant neglected this and neglected to proceed with a stop signal while driving the crosswalk, thereby crossing the victim F (78 years old) who cross the crosswalk from the right side of the crosswalk to the left side in accordance with the pedestrian signals, as the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury, such as the deprivation of the upper part of the upper part of the upper part of the body in need of treatment for about 14 weeks, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. The actual condition survey report;

1. 112. List of reported cases;

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

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, while driving a vehicle in violation of the signal, would shock the victim walking the crosswalk and resulting in serious injury to the victim according to the pedestrian signal, but the nature of the crime in the crime in this case is not less than that of the victim. However, the victim is covered by a comprehensive insurance, the victim does not want the punishment of the defendant, the victim took necessary relief measures immediately after the accident, and the defendant repents his mistake at the latest.

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