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(영문) 수원지방법원 성남지원 2019.03.28 2018고단2636
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of four million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On October 8, 2018, the Defendant driving the above cargo vehicle around 13:25, and led to the driving of the D cafeteria in front of the D cafeteria in Gwangju City from the Sungnam-si, Sungnam-si.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service has a road to reduce speed and to see well the right and the right and the right and the right and the right and the right and the duty of care to drive safely.

Nevertheless, the Defendant neglected this and got the victim E (year 71) crossinged the crosswalk due to his negligence, and suffered approximately seven weeks of treatment on the left side of the Defendant’s vehicle from the victim’s side, such as the entrance to the right side, which requires approximately seven weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate;

1. A traffic accident investigation report and a hearing report on the statements of victims (E);

1. Application of Acts and subordinate statutes on site of an accident, photographs of an accident vehicle, CCTV image closures and field photographs;

1. Relevant provisions of 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, the selection of fines (the consideration is given to the fact that the vehicles of the defendant are covered by comprehensive insurance, that the defendant has agreed to do so smoothly with the victim after the institution of public prosecution, that the defendant's mistake is divided, and that the defendant has no serious criminal record for not less

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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