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(영문) 광주지방법원 2021.03.25 2021고단96
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives B's low-income motor vehicle.

On December 6, 2020, the Defendant driven the above vehicle at around 09:45, and driven the front side road of the D in the north-gu Seoul Metropolitan City, Gwangju, by moving the front side road from the latter side to the northwest of the E, to the right speed.

At the same time, a crosswalk without signal, etc. is installed. Thus, when a pedestrian is crossing a crosswalk, a driver of the motor vehicle has a duty of care to prevent the accident in advance by accurately operating the brake and steering gear, so as not to obstruct or endanger the passage of the pedestrian, and by temporarily stopping in front of the crosswalk.

Nevertheless, the Defendant neglected this and proceeded by bypassing the road to the right-hand side of the Defendant, and discovered later the victim F, who crosses the road by using the crosswalk from the right-hand side of the Defendant’s proceeding to the left-hand side, and was faced with the victim’s bridge by the front-hand part of the vehicle driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during the 12-day period of medical treatment, i.e., pulverization in the left-hand flag of abandonment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written self-written investigation (victim) and a written diagnosis of investigation report (a violation of duty to protect pedestrians);

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant reflects the extent of damage, the defendant does not want the punishment of the defendant, and the victim is the first offender by agreement with the victim.

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