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(영문) 춘천지방법원 2019.01.22 2018고단1076
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 drives a k5-car as a job B.

On September 22, 2018, at around 22:14, the Defendant left the crosswalks on the side of the D apartment.

Since a crosswalk without signal lights is installed, all drivers have the duty of care to check whether there is a pedestrian who has a crosswalk, by checking well the right and the right of the front.

Nevertheless, without fulfilling such duty of care, the left-hand turn from the right-hand side of the course to the left-hand side of the crosswalk was not found the victim E (ma, 41 years old) and the victim F (ma, 41 years old), and the above vehicle was fully shocked.

Ultimately, the Defendant suffered approximately six weeks of light-frames and other closed charnels, etc., which require approximately 10 weeks of medical treatment to victims E through occupational negligence as above, and the victim F was subject to approximately 10 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of E and F;

1. The application of the report on the occurrence of traffic accidents, the actual survey report, and relevant photographic Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the same Act concerning facts constituting an offense

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a fine for selective punishment (the first offender, the vehicle driving by the defendant is covered by comprehensive insurance, and the court has agreed separately from the victims, and the victims expressed their intent not to have the defendant punished, and the amount of the fine shall be determined by selecting the fine in consideration of the circumstances of the accident in this case, the degree of damage, the age and environment of the defendant, the circumstances after the crime, etc.);

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

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