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(영문) 서울서부지방법원 2019.10.10 2019고단2643
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of four 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 Bchip car.

On March 11, 2019, the Defendant driven the above car on March 23:30, and led the front road of Yongsan-gu Seoul to the intersection of the Yongsan-gu Seoul Metropolitan City from the original 2-dong community service center to the intersection of the Yongsan-gu market.

At the time, the crosswalk was installed at night and at the front, so in such a case, there was a duty of care to safely pass the crosswalk in order to reduce the speed to the person engaged in driving of the motor vehicle and to check out whether there is a pedestrian on the front side.

Nevertheless, the Defendant neglected to do so and did not look at the front side, and took the right side of the victim D (the age of 34) who was a walked by the negligence of driving the front side, and received the front part of the car driving by the Defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during about 10 weeks, such as the side snick in the right snick, which requires treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. The actual survey report and the report on the occurrence of traffic accidents;

1. Application of each written diagnosis (D) statute;

1. Article 3 (1) and 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 relevant criminal facts and the selection of fines;

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 for the order of provisional payment [unfair circumstances] The defendant suffered an injury by shocking the victim who walked a warning that he/she neglected his/her duty of care for safe driving while driving his/her motor vehicle as stated in the judgment, and the liability for such crime is not easy.

The degree of injury of the victim is relatively heavy.

[Modern circumstances] The defendant is able to not repeat again by breaking his mistake in depth.

Vehicles driven by the defendant shall be comprehensively insured.

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