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(영문) 제주지방법원 2020.09.16 2020고단1580
교통사고처리특례법위반(치상)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed car B.

On May 24, 2020, the Defendant driven the above vehicle at around 12:50, and moved the front of the D road in Jeju at Jeju to F bank from the E apartment room to F bank.

At this point, there was a duty of care to protect pedestrians walking the crosswalk by safely driving the person engaged in driving service.

Nevertheless, the defendant's negligence of neglecting this and interfered with the body length of the victim G (V, 53 years old) who was standing a crosswalk normally at the front of the defendant's vehicle by negligence.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as an injury to the victim, such as a satisfy to the right end, which requires treatment for about seven weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. G statements;

1. A medical certificate;

1. Application of the Acts and subordinate statutes related to CCTVs for parking and stopping;

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 According to the relevant criminal facts and the selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) of the provisional payment order places a heavy emphasis on the degree of injury to a victim for the reason of sentencing, on the other hand, there is no criminal conviction against the defendant, reflects the fact that the defendant has agreed smoothly with the victim, and other circumstances shown in the pleadings of the instant case, including the defendant’s age, character and conduct, family relation, environment, circumstances and result of the crime, etc.,

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