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(영문) 수원지방법원 2020.03.05 2019고단7012
교통사고처리특례법위반(치상)
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

The defendant is a person who is engaged in driving a vehicle B or C.

On July 27, 2019, the Defendant driven the above car on the 22:35th day of July, 2019, and proceeded along the four-lane in order to pass the distance intersection from the D commercial area to the East west.

At night, the vehicle signal, etc. at the front of the road was red, and the pedestrian walking, etc. at the crosswalk connected to the above intersection was green, so in such a case, the person engaged in driving service was obliged to stop on the crosswalk stop line according to the new subparagraph, and not bypass, and there was a duty of care to check whether there is a person who gets to walk on the road, and to drive safely.

Nevertheless, the Defendant neglected to stop in front of the crosswalk and did not stop in front of the crosswalk, and the Defendant was negligent to cross the crosswalk to the port from the right side of the direction of the vehicle in accordance with the pedestrian signals, and received the victim E (39 years of age) from the front side of the vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting the body at the lower end of the upper part of the body of handball, which requires medical treatment for about ten weeks.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts, and the selection of fines;

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

1. Normal circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The confession and reflectability, the primary offender, and the degree of negligence due to the victim's agreement: the degree of negligence due to the signal violation and the duty to protect pedestrians, and the degree of injury to the victim is minor, and the defendant's age and age.

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