(영문) 대전지방법원 2017.08.23 2017고단2367

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(영문) 대전지방법원 2017.08.23 2017고단2367

교통사고처리특례법위반(치상)

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Defendant shall be punished by a fine of five 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 CP car.

On April 28, 2017, the Defendant driven the above car at around 17:50, and turned to the left at about 10km in the direction of the water-take place in the direction of the middle-presidential education center, which is located 34, a 35-gil-ro, Chungcheongnam-gu, Daejeon.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a road by reducing the speed and checking well the right and the right of the road, and to drive the motor vehicle safely.

Nevertheless, the defendant neglected to turn to the left without neglecting it and did not discover the victim D (the remaining and the age of 83) to the left on the right side of the crosswalk and received the part of the victim's right side as the front right side of the above car and had the victim go beyond the floor.

As a result, the Defendant suffered injury to the victim, such as the pressure pressure 10 times, which requires approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual investigation report on traffic accidents;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Circumstances unfavorable to the reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order: The fact that the defendant's negligence and the degree of injury to the victim are more favorable: The confession and rebuttal are made, the fact that the automobile comprehensive insurance is subscribed, the agreement is reached with the victim, and the first crime is committed; and

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