(영문) 수원지방법원 2018.10.31 2018고단3435

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(영문) 수원지방법원 2018.10.31 2018고단3435

교통사고처리특례법위반(치상)

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1. Defendant shall be punished by a fine of KRW 8,000,000.

2. 80 days if the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in the B SP area.

On March 3, 2018, the defendant, around 10:30, passed two lanes in the direction of the duct distance from the wall park to the direction of the duct distance from the wall park.

At the same time, the above crosswalks are cross-sections with signal lights, and the victim D (9 tax) crossings the left side of the above crosswalks to the left side in accordance with this pedestrian signals in the front direction of the defendant's proceeding, so the defendant engaged in driving service has a duty of care to check whether there is a person who gets to drive the crosswalks by reducing speed and checking the right and the right and the right and the right and the right are well and to check whether there is a person who gets to drive the crosswalks safely

Nevertheless, the defendant neglected this and went beyond the floor with the front part of the victim's left wheel part of the driver's vehicle due to the negligence of the defendant's driving in violation of the signal.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which caused approximately eight weeks of medical treatment to the left-hand side of the Gyeong-Jak, which is in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. On-site photographs;

1. A medical certificate;

1. Application of the written opinion statutes;

1. Relevant legal provisions of the relevant criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act, Article 268 of the Criminal Act, and selection of fines;

1. Reasons for sentencing of Articles 70(1) and 69(2)(1) of the Criminal Act (the sentencing range of KRW 100,000 per day) [the sentencing range] 20,000 won or less (the sentencing decision] was committed in violation of good faith: the latter qui, which was proceeding in violation of good faith, is not less than the degree of negligence due to the shock of the left side of the victim who was the age of a crosswalk where the crosswalk was cut off, and the victim of the instant traffic accident is less than eight weeks.

참조조문

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