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(영문) 제주지방법원 2013.04.23 2013고단274
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On 06:00 on 06:00 on 06:0 on 06:2, the Defendant was driving a Maz car, and the Defendant was driving a two-lane road near the road at the entrance of the Dong-dong village in the Dong-dong, Dong-dong, Dong-gu, Jeju, to the seat of the Gu-Eup/Myeon office. At the front of the road, there is a crosswalk installed at the front of the road. As such, the driver was negligent in neglecting his/her duty of care to check whether there is a person walking the crosswalk by slowly or temporarily stopping and to check whether there is a person walking the crosswalk, and by neglecting his/her duty of care to safely drive the crosswalk, the Defendant sustained the victim’s injury, such as an unknown brain spathy in detail, requiring the victim to take a treatment for about eight weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to traffic accident reports and diagnosis reports;

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment: Article 3 (1) and the proviso of Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents,

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

1. Provisional payment order: The punishment shall be determined as ordered in consideration of all the following circumstances as the reasons for sentencing in Article 334(1) of the Criminal Procedure Act: The time of committing a crime; the degree of violation of the duty of due care is not much serious when considering the circumstances surrounding the accident at the time of the accident (at the speed set before sunrise and the crosswalks without signal, etc.); the degree of damage is anticipated to be recovered through a comprehensive insurance; and other unfavorable circumstances that are disadvantageous to the damage suffered by the victim: It is so decided as per Disposition on account of the defendant's occupation, criminal record relation, etc.

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