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(영문) 청주지방법원 2020.06.26 2020고단514
교통사고처리특례법위반(치상)
Text

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 low-speed car B.

At around 12:10 on November 2, 2019, the Defendant operated a 107-distance intersection at the Seowon-gu, Seowon-si, Cheongju-si to turn to the left on the left at the 5-distance off from the 2nd room of the Suwon-dong community service center.

At this point, there is a pedestrian crossing installed in the front direction of the defendant's proceeding, and in such a case, the driver of the motor vehicle has a duty of care to temporarily stop in front of the crosswalk and drive the motor vehicle with due care to pay attention to the safety of the pedestrian.

Nevertheless, when the Defendant neglected to turn to the left as it was, the Defendant received C(75 years old) from the left side of the Defendant’s driver’s car to the right side of the crosswalk, and received the victim C(75 years old) as the front part of the Defendant’s driver’s car.

As a result, the Defendant suffered injury, such as a flaging of the body part of L4, which requires approximately 10 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, field photographs, and diagnostic certificates;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not that of the crime of this case. However, after the prosecution of the defendant, the victim expressed his intention not to punish the defendant, and the victim wanted to take the action against the defendant.

A defendant has no record of criminal punishment, except for punishment of a fine on three occasions before 2011.

Other pleadings, such as the age, character and conduct, and environment of the accused.

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