(영문) 대구지방법원 2018.10.31 2018고단3876

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(영문) 대구지방법원 2018.10.31 2018고단3876

교통사고처리특례법위반(치상)

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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 K3 car.

On July 18, 2018, the Defendant, around 16:27, proceeded ahead of the Daegu Northern-gu C road in the direction of the long distance from the direction of the long distance.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to safely drive the person engaged in driving service in accordance with the signals by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected this and received the part of the victim D (the 63-year old bicycle driving) driving on the right side from the left side of the driving direction to the front part of the Defendant’s vehicle by negligence in contravention of the red signal signal.

As a result, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as cutting the body frame, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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 sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing of the instant crime on the ground of the provisional payment order is limited to the degree of injury of the victim, the degree of violation of the duty of care of the defendant, the fact that the defendant is against the victim, the fact that the defendant agreed with the victim, the fact that the defendant is the first offender, the defendant's age, sexual behavior, environment, motive and circumstances after the crime, etc. are determined as ordered by the disposition.

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