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(영문) 광주지방법원 순천지원 2017.01.11 2016고단2073
교통사고처리특례법위반(치상)
Text

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

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On September 3, 2016, the Defendant, who is engaged in driving of BTball-type car, proceeded at a speed of about 40km from the direction of the JP-ray to the direction of the JP-ray, at a speed of about 40km in the speed of about 19:00 on September 3, 2016.

It is a place where a crosswalk without signal apparatus is installed in the front door, and there are many people's passage near the open X-ray station. In such a case, the driver of the vehicle has a duty of care to prevent the accident by reducing the speed and thoroughly examining whether there is no pedestrian who gets to walk up the crosswalk.

Nevertheless, the Defendant’s negligence, while neglecting the front city of the front city, led the victim C(57 tax) and the victim D(47 years old) who crossed the above pedestrian crossing due to his negligence, to the front part of the car in front of the driving of the Defendant.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, injury to the above victim C, such as a freshion of a freshing aggregate, which requires approximately seven weeks of treatment, and injury to the victim D, such as a fresh of the left-hand body, which requires approximately four weeks of treatment.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement traffic accident occurrence report, on-site investigation report, on-site evidence examination report

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

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

5. The degree of injury to the victims of reasons for sentencing Article 334(1) of the Criminal Procedure Act is serious.

However, the fact that the defendant reflects the mistake, the victims do not want to punish the defendant, and the vehicle of the defendant was covered by the comprehensive automobile insurance.

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