(영문) 서울북부지방법원 2014.08.28 2014고단1985

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(영문) 서울북부지방법원 2014.08.28 2014고단1985

교통사고처리특례법위반

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

On May 2, 2014, the Defendant driven a C bargaining car as a business around 08:20 on May 2, 2014, and caused the victim D (year 75) and E (age 65) to suffer injury, such as brain dust, etc. requiring treatment for about 3 weeks, while having the victim E suffered injury to the victim E, by failing to verify whether there is a pedestrian crossing the crosswalk installed in the front direction in the front direction in the front direction of the front direction of the front direction of the road, when driving a one-lane road in front of the Exemplary driver's office located in Seoul Jung-gu, Jung-gu, Seoul, Seoul, to the right side of the road at the right side of the road without confirming whether there is a pedestrian crossing the crosswalk installed in the front direction in the right side of the road.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with heavy penalty);

1. Selection of an alternative fine for punishment;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not less vulnerable to the injury in this case, considering the following factors: (a) the Defendant, as the first offender, led to the confession of the crime in this case; (b) the vehicle is covered by the comprehensive automobile insurance; (c) the victims and the victims have agreed smoothly; and (d) the degree of shocking victims at the time of the accident did not focus on the degree of shocking the victims; (b) the victims are expected to suffer injury as they go beyond the road, and thus, (c) the punishment as set forth

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