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(영문) 춘천지방법원 강릉지원 2020.05.14 2020고단78
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 of B-learning automobiles.

On November 14, 2019, at around 11:48, the Defendant driven the said car and proceeded to the Military Manpower Administration on the side of C when it comes to a three-distance intersection in front of the Noham Post Office located in 2751-2, Gangseo-si, 2751-2.

There are signals and crosswalks installed on the road immediately after the left-hand turn to the left. In such a case, the driver had a duty of care to prevent traffic accidents by safely driving the vehicle after checking whether the driver is a pedestrian who is well aware of the front and right-hand side and the right and right-hand side, and by safely checking whether the pedestrian is a pedestrian.

Nevertheless, the Defendant neglected to stop and proceeded to the left immediately without stopping a signal apparatus even though it is a green signal, and was negligent in driving on the right bridge part of the victim D (the age of 63) who dried the crosswalk pursuant to the above pedestrian signals, and received the front part of the car driven by the Defendant.

As a result, the Defendant suffered injury to the victim by occupational negligence during approximately 10 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A medical certificate;

1. A survey report on actual condition, on-site map, and photograph;

1. Application of CCTV-faging photographs and video CD-related Acts and subordinate statutes;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of 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 circumstances favorable to the degree of injury inflicted on the victim due to the instant traffic accident: The victim does not want the punishment against the defendant, and the defendant is the first offender who had no record of punishment prior to the instant accident.

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