(영문) 창원지방법원 2017.04.13 2017고단676

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(영문) 창원지방법원 2017.04.13 2017고단676

교통사고처리특례법위반(치상)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

On December 12, 2016, the Defendant driven the above vehicle on December 21, 2016, and led to the king king-down crosswalk from the side of the bus terminal in the city of Kimhae-si to the sloping-si.

At the time, it was at night and at a crosswalk where signal lights are installed, so there was a duty of care to safely drive the driver in accordance with the signals by checking well the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and went beyond the road by receiving the victim C (16 years old) who crosses the crosswalk on the left side of the vehicle driving in the direction of the vehicle driving by the Defendant due to negligence in violation of the red signal signal, from the right side of the vehicle driving.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cutting down knenee bones, etc. on the left-hand side in need of approximately 11 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and photographs on the scene of accidents;

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

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the Defendant’s negligence, and the degree of injury to the victim is not easy.

However, in light of the fact that the defendant recognized the crime of this case, the car of this case is subscribed to a motor vehicle comprehensive insurance, the defendant individually agreed with the victim, and there is no record of criminal punishment until now, etc., the punishment of this case shall be determined like the order.

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