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(영문) 수원지방법원 2018.06.08 2018고단1346
교통사고처리특례법위반(치상)
Text

1. Defendant shall be punished by a fine of KRW 10,000,000;

2. If the defendant does not pay the above fine, the day shall be 100 days.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a C-si.

On February 24, 2018, the Defendant driven the above taxi on February 16:03, and proceeded to turn to the left at a speed that cannot be known to the dong community service center from the edge of the structural distance where the front Do road of the Suwon-si was not possible.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to check whether there is a person who sets a way to reduce the speed prior to turn to the left and to check well the right and the right and the right of the person engaged in driving, and to drive safely in accordance with the new code.

Nevertheless, the Defendant neglected this and did not avoid the victim E (at 90 years old) crossing the crosswalk in accordance with the pedestrian signals due to the negligence of failing to avoid the victim E (at 19 years old) who was going to the left, even though the vehicle travelling signal was red and the pedestrian signal was changed to the green proceeding signal, and had the above victim go to the ground by taking part of the left half of the victim's taxi.

Ultimately, the Defendant suffered injury, such as the closure of the following part of the sale, which requires approximately 12 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the actual condition, a photo and a report on investigation (Preparation of a written statement) by cutting down the black booms;

1. Blue boxes and video CDs;

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. The grounds for the sentencing of Articles 70(1) and 69(2)(1) of the Criminal Act (the sentencing range of KRW 100,000 per day) [the sentencing range] 20 million or less shall be determined as per the order, taking into account the following circumstances as well as the Defendant’s age, sex, environment, motive and circumstances after the commission of the crime, etc.:

The circumstances at a disadvantage are in contravention of signal.

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