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(영문) 춘천지방법원 2020.12.23 2020고단1150
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of five 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 B-Wood vehicle.

On August 6, 2020, the Defendant driven the said car at around 00:50, while driving the said car, led to two-lanes along the two-lane distance from D apartment.

At the time, a yellow flickering signal is installed at night and at the front, and in such a case, there was a duty of care to safely check whether a person engaged in driving of a motor vehicle is a person driving the motor vehicle and to safely drive the motor vehicle in order to prevent the accident in advance.

Nevertheless, the defendant neglected this and proceeded on the front side without examining it, and caused the victim E (the 22 years old) who walked on the crosswalk from the left side of the defendant's running direction to the right side, to go beyond the floor by shocking the front part of the driver's car.

As a result, the Defendant suffered injury to the victim, such as the victim’s alley chief executive officer, who is in need of medical treatment for about 14 weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (1) and a traffic accident report (2) (2).

1. A medical certificate;

1. Application of traffic accident-related photographs and statutes to victim photographs;

1. Relevant legal provisions concerning facts constituting an offense, 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

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, which caused a traffic accident that causes the victim who has dried a crosswalk by violating the duty to protect pedestrians in the crosswalk and neglecting the duty to protect pedestrians in the front direction, resulting in the victim's injury requiring medical treatment for about 14 weeks. The defendant's negligence is large.

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