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(영문) 인천지방법원 2018.04.18 2018고단1044
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of four 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 October 29, 2017, the Defendant operated the above car at around 19:17, and proceeded to turn to the left from the 1st apartment of the Nam-gu Incheon Metropolitan City, Nam-gu to the face of the apartment.

Since a sidewalk has been installed on the front side, a driver of a motor vehicle has a duty of care to temporarily stop immediately before crossing the sidewalk and prevent accidents by crossing the sidewalk so as not to obstruct the passage of pedestrians after examining the left side and the right side of the sidewalk.

Nevertheless, when the Defendant neglected to temporarily stop and cross the sidewalk as it is, the Defendant did not find out the victim D (41) in front of the car of the Defendant, who walked on the right side from the left side of the running direction, and received the victim as the front part of the car of the Defendant.

As a result, the Defendant suffered injury to the victim, such as the removal of a closed garris, which requires approximately six weeks of medical treatment, due to such occupational division and room.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of each written diagnosis (D) statute;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

The defendant is an initial offender who has no past record of punishment.

When the defendant purchases a comprehensive insurance policy, he/she shall be the victim.

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