(영문) 전주지방법원 2018.02.20 2017고단2380

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(영문) 전주지방법원 2018.02.20 2017고단2380

교통사고처리특례법위반(치상)

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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

On October 20, 2017, the Defendant was a person engaged in driving of CV car, and the driving of the said car around 09:45 on October 20, 2017, the Defendant proceeded with the shooting distance in front of the 4-lane recommended by Jinjin-gu, Seoul Special Metropolitan City on the 4-lane recommended by the former Pungjin-gu.

At that time, the signal apparatus has been installed, so in this case, the person engaged in driving service has a duty of care to operate safely by complying with the signal.

Nevertheless, the Defendant neglected this and took part of the front right part of the car, which was driven by the injured party D(41C) who was directly engaged in under the green proceeding signals, due to negligence in contravention of the red stop signal, and was driven by the victim D(41C) at the right side of the car.

As a result, the Defendant suffered injury to the victim by occupational negligence, such as the 2nd Embrympirity of the Second Embrympirity, which requires approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident;

1. A survey report on actual conditions;

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

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

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 there is an agreement with the victim on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment, and the vehicles involved in the marine accident are covered by comprehensive insurance, and other circumstances such as the circumstances and result of the accident in this case, the age, occupation and living environment of the defendant

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유사 판례

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