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(영문) 춘천지방법원 원주지원 2016.12.20 2016고단1083
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000. If the Defendant fails to pay the said fine, 100.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a vehicle B in the amount of a car.

On August 20, 2016, the defendant driving the above vehicle at around 19:40, and driving the two-lane road in front of D in C in the original city at the speed not verified by one-lane from the surface of the river station at the seat of the original city to the left at a speed not verified by one-lane of the river station.

Since there is a crosswalk, there is a side road, there was an obligation to verify whether a person engaged in the driving of a motor vehicle has a road to reduce the speed and to see well the front left, and to safely drive the motor vehicle.

Nevertheless, the defendant neglected this and found the victim E (the 69-year old) who was standing a crosswalk from the right side of the defendant's proceeding to the left side by his negligence, and received the victim's body from the front part of the driver's vehicle.

Ultimately, the Defendant suffered from the victim’s injury, such as pressure duplicating the 12-day red duplic, which requires approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on the occurrence of a traffic accident, a actual condition survey report, and a photograph of the accident site;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. The Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act, along with the crosswalk, proceeded as is without checking whether there is a pedestrian by reducing the speed of the crosswalk or giving good view to the view of the view of the pedestrian, leading up to shocking the victim, and the injury inflicted on the victim is not easy.

However, the victim did not want to be punished by the defendant, was subscribed to the comprehensive motor vehicle insurance at the time of the accident, and there was no record of criminal punishment against the defendant.

The circumstances and age of the defendant;

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