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(영문) 인천지방법원 2013.08.28 2013고단2715
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person engaged in CE driving.

On January 6, 2013, at around 16:40, the Defendant proceeded at a speed of about 50-60 km in speed, depending on three-lanes from the boundary of the main station to the boundary of the main station of the city, the road in front of the main station 116-12, Nam-gu, Incheon Metropolitan City.

At the time, traffic signal and crosswalk are installed in front of the defendant's running direction, so in such cases, the driver of the motor vehicle has a duty of care to prevent the collision accident by checking whether or not the driver of the motor vehicle is a pedestrian on the crosswalk and proceeding according to the traffic signals.

Nevertheless, the defendant neglected this and proceeded with the red signal without properly examining the front, and did not discover the victim D(W, 64 years old) who was the left-hand side of the direction of the process from the right-hand side to the left-hand side, and did not find the victim D(W, 64 years old) in front of the defendant.

In the end, the Defendant caused the following by occupational negligence: (a) the victim’s unknown brain saliva in detail requiring treatment for about 8 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

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

1. In light of the place where the instant traffic accident occurred, the Defendant’s negligence, and the degree of the injured party’s injury, etc. in the sentencing reason of Article 334(1) of the Criminal Procedure Act, the following factors are considered: (a) the Defendant recognized his/her mistake and against himself/herself; (b) the Defendant subscribed to a comprehensive insurance; (c) the agreement with the victim on August 12, 2013; (d) the Defendant did not have any criminal records; and (e) the Defendant’s age, character and conduct, and family environment.

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