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(영문) 제주지방법원 2017.01.10 2016고단2454
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-A-hurd motor vehicle.

On October 12, 2016, around 19:00 on October 12, 2016, the Defendant driven the said car to drive the said car and let the apartment pass to the apartment without destroying it from the middle school of the ditch. Since it is an intersection where the crosswalk is installed on the signal lights and the front side of the road, the Defendant was obliged to safely drive the vehicle by checking whether the person engaged in driving the vehicle complies with the signal and whether there is a pedestrian.

Nevertheless, the Defendant neglected this and got the victim D(10) on the right side of the crosswalk on the right side of the road in the direction of the direction of the road by the negligence of carrying the red signal in contravention of the signal, and caused the victim to go beyond the left side of the said vehicle.

As a result, the Defendant suffered injury to the victim by negligence in the above business, such as cutting down the body frame and the body frame of the body frame in which approximately three weeks of treatment is required, and brain-dead with no body in the open two.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Each statement prepared by E and F;

1. Investigation report (related to black stuffs and video images);

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

1. Relevant legal provisions and choice of punishment for a crime: Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the choice of fines;

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional Payment Order: The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of all the following circumstances:

The favorable circumstances: The facts of the crime are recognized, the fact that all the facts of the crime are agreed smoothly with the victim, and the circumstance that the victim is the first offender without a previous record: The crosswalk signal, etc. clearly enters the crosswalk as it is in contravention of the signal, thereby cutting off the crosswalk.

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