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(영문) 청주지방법원 제천지원 2017.03.09 2016고단481
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 19, 2016, the Defendant driven the above car at around 23:00, and continued the intersection in front of the E convenience store in Da at Ycheon-si, from the 3-distance boundary to the 7-day boundary of the university.

Since there are crosswalks on the front side, there was a duty of care to prevent accidents by safely driving the motor vehicle, such as reducing speed and checking the front side well, to ensure that there is a pedestrian.

Nevertheless, the Defendant neglected to drive the crosswalk on the front side of the driver’s vehicle by negligence and shocked the part of the bridge of the victim F (the age of 23) who walked the crosswalk in the front side of the driver’s vehicle from the right side of the driver’s vehicle to the left side.

Ultimately, the Defendant suffered injury, such as “influence of the left-hand fluor,” which requires the victim’s 14 weeks of medical treatment due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Blue boxes and video CDs;

1. Application of the Acts and subordinate statutes on photograph description;

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. The fact that the injured person was injured by shocking the victim who dried the crosswalk for the reason of sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment, the confession that the degree of injury is serious, the fact that the injured person does not want the punishment of the accused by mutual consent with the victim, and that there is no criminal history that there is no criminal history.

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