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(영문) 제주지방법원 2014.05.09 2014고단239
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 7, 2014, at around 19:10, the Defendant operated a EXE car and led the victim E(59) and F(68 years old) on the right side from the left side of the Defendant’s vehicle to take care of approximately 12 weeks in front of the “D Certified Judicial Scriveners Office” road at the Seopo-dong, Seopo-si. At the time, the Defendant had a crosswalk with no signal apparatus at night, and it was very difficult for the Defendant to take care of the front side of the road at night, and due to the fact that there was a crosswalk without signal apparatus, there was a duty of care to reduce speed and ensure safe operation of the road, and due to negligence, the Defendant neglected to take care of the victim(59 years old), who dried the above crosswalk from the left side of the vehicle to the right side of the Defendant’s vehicle, and caused the Defendant’s injury to each of the Defendant’s front vehicle and the Defendant’s previous vehicle drivers, etc., by taking approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to traffic accident reports, on-site photographs of traffic accidents, and medical certificates;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Selection of a fine;

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

1. Provisional payment order: A sentence shall be determined as ordered by taking into account all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Recognizing and reflecting the facts of the crime, reflecting the agreement with the victims, and circumstances unfavorable to the victims: The injury suffered by the victims is not easy; and it is so decided as per Disposition for the reasons above such as the circumstances of the accident, the defendant's occupation, family relation, etc.

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