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(영문) 인천지방법원 부천지원 2018.07.06 2018고단1193
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle called D AD.

On April 8, 2018, the Defendant driven the above car on April 8, 2018, and led the front road E at Seocheon-si, by moving it to a new high-priced private road protection from the heart distance.

Since there is a pedestrian crossing without signal lights, in such a case, there was a duty of care to safely drive a pedestrian crossing by checking whether a person engaged in driving service reduces speed to a person engaged in driving service and building a pedestrian crossing on the front side.

Nevertheless, the Defendant neglected to do so and did not properly look at the front section of the said vehicle, and caused the victim to go beyond the floor by shocking the body part of the victim F (51) who was a victim F (51) who was standing the said vehicle due to the occupational negligence while driving the said vehicle.

As a result, the Defendant suffered injury to the victim, such as mination of flavers into the right flavers in need of treatment for about eight weeks due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement;

1. A medical certificate;

1. Application of de facto survey reports, photographs, and CCTV-related Acts and subordinate statutes;

1. Article 3(1) and the proviso to Article 3(2) and Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the 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 the reason for sentencing that the defendant sufficiently sustained an injury by the victim who has walked on the crosswalk, and that the degree of the injury suffered by the victim is not easy, etc. is the reason for sentencing that is not good for the defendant.

However, the defendant reflects the wrong, has no record of criminal punishment, has subscribed to an automobile comprehensive insurance, and the victim has paid a sum of 9 million won of the criminal agreement separately and agreed with the victim.

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