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(영문) 대전지방법원 2018.01.25 2017고정1610
교통사고처리특례법위반(치상)
Text

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

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 service B MW10 Orala.

On September 17, 2017, the Defendant driven the above Obama on the 21:30th day of September 2017, and had a large distance of village Nbama-dong, Seogu, Seogu, Seo-gu crossing the crosswalk with the four-distance away from sublimgy.

The driver of a crosswalk, where a signal apparatus is installed, is not allowed to pass the crosswalk, but the driver of the vehicle, in violation of this provision, is driving the off-road and driving the crosswalk with the crosswalk, and the victim C (the 21-year age) who dried the crosswalk in accordance with the pedestrian signals was facing the victim C (the 21-year age) on the front left-hand side.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. in the 20-day area where treatment is required for approximately 20 days due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Written opinion, criminal place, investigation report on the actual condition of traffic accidents, and photographs;

1. Application of Acts and subordinate statutes reporting the results of diagnosis, the ledger of driver's licenses, the next inquiry, and the investigation;

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 and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is a case involving an injury to a pedestrian who has dried the crosswalk in accordance with the pedestrian signals for the reason of sentencing, and the degree of violation of the duty of care is not weak, but it reflects the mistake, is covered by a comprehensive insurance, and the sentencing data recorded in the records, such as the fact that there is no criminal history, the circumstances of the instant case, and the circumstances before and after the commission of the crime, shall be determined by comprehensively taking into account the sentencing data.

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