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(영문) 울산지방법원 2017.06.20 2017고단327
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Criminal facts

The Defendant is a person who is engaged in driving the B 1800c wing wing cutting.

On December 30, 2016, the Defendant driven an over-to-face 18:28 on December 30, 2016, and led to the direction from the south of the Tri-distance Tri-distance Intersection, located in the two sides of the Eup/Myeon network, Ulsan-gun, Ulsan-do, to the south of the Tri-distance Intersection.

Since there are three-distance crossings in which signal apparatus and crosswalk are installed, the driver of the motor vehicle has been negligent in complying with signal and having a duty of care to see whether the driver of the motor vehicle is a pedestrian to build the crosswalk, and despite the fact that there was a duty of care to see whether the driver of the motor vehicle is a pedestrian, the defendant neglected to do so and caused the victim C (W, 64 years old) who opened the crosswalk to the right side of the motor vehicle in accordance with the pedestrian signals to enter the crosswalk as is in contravention of the red signal.

Ultimately, the Defendant suffered approximately 14 weeks from the above occupational negligence to the right side flag, which requires approximately 14 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A medical certificate;

1. A report on the occurrence of a traffic accident, a traffic accident actual investigation report, an accident scene photograph, etc.;

1. Application of each investigation report ( telephone investigation) and Acts and subordinate statutes;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the Defendant was seriously in breach of his/her duty of care, thereby having not committed a serious injury to the victim.

However, during the trial, the defendant did not want the punishment of the defendant by agreement with the victim, the defendant was sentenced to a fine in the year 1993 before the case, a fine in the year 2002, a fine in the year 201, and a fine in the year 2014 for a violation of the Road Traffic Act (300,000).

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