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(영문) 전주지방법원 2017.06.20 2017고단48
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 driving a vehicle with C.

On 15:45 on 09. 09. 15. 09., the Defendant driven the above vehicle, and driven the front of the “E” road located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City.

Since a crosswalk is installed, in such cases, the driver of the vehicle has a duty of care to safely drive the crosswalk after checking whether there is a person who gets a crosswalk.

Nevertheless, the defendant neglected this and did not properly look at the front side of the above vehicle, and caused the victim F ( South, 79 years old) who dried the crosswalk from the right side of the defendant's proceeding to the left side.

After all, the Defendant suffered approximately six weeks of medical treatment from the above victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A report on internal investigation (attaching studio images of a studio vehicle);

1. Application of the Acts and subordinate statutes on commission and answer;

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

1. Selection of an alternative fine for punishment;

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 for the order of provisional payment are as follows: (a) the Defendant was shocking the victimized person who dried the crosswalk and inflicted serious injury; (b) the Defendant deposited 8 million won for the injured person; and (c) the Defendant also subscribed to comprehensive insurance for the injured person; (d) the Defendant did not have any criminal record related to traffic accident; and (e) other circumstances, such as the Defendant’s age, occupation, living environment, etc.

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