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(영문) 의정부지방법원 고양지원 2016.04.22 2016고단324
교통사고처리특례법위반
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 K3 car.

On January 2, 2016, the Defendant came to turn to the left the right at about 40 km from the direction of the movable church in front of the motor vehicle industrial company located in 1976, in the order of Gyeyang-gu, Seoyang-gu at around 22:00.

At the time, there was a crosswalk at which signal lights were installed at night, so in such a case, there was a duty of care to check whether there was a person engaged in driving service who gets on the way to reduce the speed and to check well the front door, and prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded with the victim C (the age of 57) who crosses the crosswalk to the port from the right side of the crosswalk in accordance with the pedestrian signals due to his negligence.

After all, the Defendant suffered injury to the victim, such as the upper half of the left-hand frame in need of approximately 10 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes by cutting down a black stuff image;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 6 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act (hereinafter “Aggravated Punishment”) is agreed with the victim, the fact that he/she has subscribed to a comprehensive motor vehicle insurance policy, the fact that there was no signal, etc. on the front direction of the defendant's proceeding at the time of the accident [any unfavorable circumstance], the degree of injury of the victim, and the fact that

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