(영문) 전주지방법원 군산지원 2020.02.19 2019고단1581

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(영문) 전주지방법원 군산지원 2020.02.19 2019고단1581

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

At around 21:15 on June 22, 2019, the Defendant used two lanes in front of the “D Norri Road” located in Gunsan-si, Masan-si, as the said vehicle, to drive the said two-lanes in the direction of the zone electric distance, and to drive the said two-lanes in the speed of about 79.8 km in the speed of the city.

At all times, crosswalks are installed, and the speed of restriction is 50km per hour, so there was a duty of care to prevent accidents by checking whether there is a person who scams the above crosswalk by observing the speed of restriction and checking well the right and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected this and did not properly operate the front-down city and the operation of the operation system at a level exceeding approximately 29.8km, and caused the victim E (the age of 64) who was standing the above crosswalk to the right side of the front-round driver.

As a result, the Defendant suffered injury, such as 20 weeks of external blood transfusion, from the victim’s occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, a report on a traffic accident, a photo of a field photograph or a fluore vehicle, a fluore photograph, a traffic accident analysis report, and a diagnosis report;

1. Article 3(1), proviso 3, and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 3(2)3 and proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act (Selection of Fines) include the criminal liability of significantly heavy degree of violation of the duty of care in light of the content of the crime committed by the defendant scambling the victim crossinging the crosswalk while scaming the crosswalk. However, the fact that the defendant is aware of and reflects the crime, other than a single fine, that the defendant does not have any past record or criminal record of the same kind of crime

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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