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(영문) 대전지방법원 2017.08.21 2017고단2171
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of seven 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 bicycle BCA100 motor device.

On May 15, 2017, the Defendant continued three lanes in front of the 1556 New Carbon High School, in accordance with the Tae-gu Daejeon Seo-gu Daejeon, Daejeon, Seo-gu, Daejeon, with the four-lanes from the four-lanes of the new shot-gu to the four-lanes of the new shot-gu.

At all times, there are crosswalks where signal lights are installed, so in such cases, the driver engaged in driving service has a duty of care to reduce speed, to see the front door well, to observe the signal, and to prevent the accident from spreading safely.

Nevertheless, the Defendant neglected this and walked along the crosswalk in accordance with the pedestrian signals of the crosswalk from the right side of the Defendant’s course to the left side of the crosswalk, by negligence, in contravention of the signal, even though the signal, etc. on the moving direction of the front side is a stop signal.

C(n, 13 years old) did not find the unclaimed part of the Defendant’s motor device bicycle, and became the victim on the front part of the bicycle.

Ultimately, the Defendant suffered, due to the above occupational negligence, the victim suffered approximately six weeks left-hand fluoral executives who need to receive treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of the Act and subordinate statutes to a survey report on actual conditions, on-site photographs of accidents, and on-site investigation reports (investigation into the verification ofCCTV images);

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include the defendant’s age, occupation, sex, environment, motive and means of crime, results, etc., and the various conditions of sentencing as stated in the arguments of this case. The sentence shall be determined as ordered by taking into account the following circumstances.

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