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(영문) 춘천지방법원 2016.06.08 2016고단327
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a passenger car B and a driver.

On January 6, 2016, the Defendant, at around 08:15, operated a two-way road in front of the entrance of the Scheon-si Welfare Center for the Aged of Chuncheon, at a speed of about 15 km, at the speed of 15 km, at the speed of the city, the Defendant was in direct operation in the direction of the long distance from the 6nd apartment in Pyeongtaek-dong, Pyeongtaek-dong.

At that time, since a road has a crosswalk installed on the front side of the moving direction, a person engaged in driving a motor vehicle has a duty of care to check whether there is a person who has a road to reduce the speed and to check well the right and the right and the right of the motor vehicle and to drive the motor vehicle safely.

Nevertheless, due to the negligence of driving the crosswalk, the left-hand head of the victim C (81 tax, n, etc.) who walked along the crosswalk from the right-hand side of the crosswalk was shocked with the right-hand side of the Defendant vehicle.

Ultimately, Defendant 1 suffered injury to the victim due to the negligence in the above job-related affairs, such as an injury to the victim due to an external wound, which does not have any wound in the two opens requiring approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to survey reports and diagnostic certificates;

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. The sentencing criteria do not apply to the choice of a fine on the grounds of sentencing in Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.

Although there is a serious injury to the victim, the defendant reflects the defendant's mistake in depth, the defendant agreed that the victim does not want punishment against the defendant, the vehicle operated by the defendant is covered by the motor vehicle comprehensive insurance, and there is room for recovery of considerable part of the damage, and the defendant has no record of criminal punishment.

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