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(영문) 대전지방법원 2018.05.23 2017고단4591
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of three 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 of Crain cars.

On October 25, 2017, the Defendant got to turn to the Daejeon Industrial High School, while proceeding with the 301st parallel road of the spring water, the 301st parallel road, the 301st parallel road, the 2nd parallel of the 38th parallel road, and the 4th parallel distance from the edge of a slot, and making a turn to the left.

On the other hand, the crosswalk has been installed at the front door, so it was confirmed whether a person engaged in driving service has a pedestrian or not, and it was well grounded on the front door and the left door, and there was a duty of care to prevent accidents in advance by accurately operating the steering gear and the brake system.

Nevertheless, the Defendant did not properly confirm whether the pedestrian is a walker of the crosswalk and received the victim D (16 tax) and the victim E (16 tax) by negligence that passed the crosswalk as it is, without checking whether the pedestrian is a pedestrian.

After all, the Defendant suffered, by such occupational negligence, an injury to the victim D, such as flasing in light of a flasium in which there is no room for approximately eight weeks of treatment, and an injury to the victim E (17 tax) for about two weeks of treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes to the written diagnosis of victims;

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

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The fact that one of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act is very serious among the victims is disadvantageous.

However, the defendant is against the defendant, and there is no criminal history, and the victim's treatment and recovery from damage are expected to be completed with comprehensive insurance, and the punishment shall be determined as ordered by the order, considering the favorable circumstances.

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