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(영문) 광주지방법원 2017.07.20 2017고단1546
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 by borrowing C.

On October 02, 2017, the Defendant driven the above vehicle around 18:40 on 18:0, and driven the front road of the E Hospital in Gwangju Mine-gu along the two-lanes of the road in front of the E Hospital in the Seoul Mine-gu, one agricultural bank, and the new district bank.

In this case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately manipulating the brake system in accordance with the front, rear, left, and right and right of the motor vehicle and the signal.

Nevertheless, the Defendant neglected to do so and received the left side of the victim F (F) who was crossing the crosswalk in accordance with the Ministry of Information and Communication from the main apartment room to E hospital face from the main apartment room to the E hospital face by his negligence in violation of the signal, and received the left side of the victim F (F) who was crossing the crosswalk in accordance with the Ministry of Information and Communication.

Ultimately, the Defendant suffered injury to the victim, such as the recovery of a frame that requires approximately 20 weeks of treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident prepared by the F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1 and 6, Article 268 of the Criminal Act concerning criminal facts, and Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and Article 268 of the Criminal Act;

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 on the Aggravated Punishment of the Aggravated Punishment Order is that the defendant's violation of signal signals causes the injury to the victim on the crosswalk and that the degree of injury to the victim is serious.

However, the defendant's primary crime reflects the crime, the vehicle of the defendant's driving is covered by a comprehensive insurance, and the injured person is punished by the defendant as agreed with the victim after prosecution.

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