(영문) 인천지방법원 2019.05.16 2019고단458

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(영문) 인천지방법원 2019.05.16 2019고단458

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

On December 8, 2018, the Defendant driven the above vehicle at around 13:40 on December 13, 2018, and used it to turn to the left at a non-protective left-hand turn at the intersection of the family park entrance distance of 28, Nam-gu, Incheon, Nam-gu, and the 28-ro, Seo-gu, Seo-gu, Incheon.

At the same time, the passage of people and vehicles was frequent as a private-distance intersection, and the front direction of the defendant had a crosswalk where pedestrian signal, etc. is installed, and thus, the driver of the motor vehicle had a duty of care to look at the front right and right of the motor vehicle and to check whether there is a person walking the crosswalk.

The defendant neglected his/her duty of care in front of the vehicle of the defendant, and due to the negligence of entering the crosswalk to the right side of the defendant's proceeding, the victim C (the age of 38) who walked above the crosswalk to the left side of the crosswalk was led to the front part of the vehicle of the defendant.

The Defendant suffered injury to the victim due to the above occupational negligence during approximately 12 weeks of medical treatment, such as anti-months in the left-hand speaks.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Statement on the occurrence of traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. The vehicles involved in accidents with reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are covered by a comprehensive motor vehicle insurance, the victim does not want the punishment of the defendant, the defendant does not have any criminal record, the defendant's age, character and conduct, circumstances before and after the crime, etc. shall be determined as ordered by

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