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(영문) 창원지방법원 2019.06.26 2019고정191
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of two 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 K5-car.

On January 17, 2019, the Defendant driving the above vehicle at around 21:07, and driving the two-lane road in front of the "Do Governor of the Korean National Red Cross," which is located in 225 as the site for the window of the city of Changwon-si, Changwon-si, Changnam, the Defendant proceeded along one-lane of the two-lane road in front of the "Do Governor of the Republic of Korea National Red Cross," from the

At the time, there was a crosswalk at a night, and there was a pedestrian crossing at the front door, so there was a duty of care to safely drive the vehicle and prevent the accident in advance by checking whether there was a person who gets to drive the vehicle with a speed reduced and well by inspecting the front door.

Nevertheless, the defendant neglected to do so and proceeded along as it is, and the victim C (the age of 56) who crosses the right-hand side of the closed crosswalk from the right-hand side to the left-hand side, got the front-hander of the defendant's vehicle and let it go beyond the ground.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the left-hand slots in need of treatment for about 8 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Investigation report (Attachment of black boxes and images);

1. A medical certificate;

1. Application of the Acts and subordinate statutes of the accident site photograph, accident site map, and the next red tide table;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act concerning criminal facts, the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant recognized all the crimes of this case and repented, and the defendant received a letter from the victim by agreement with the victim after the prosecution was instituted, and the sentencing conditions such as the defendant's age, character and conduct, environment, circumstances of the crime and circumstances after the crime are considered comprehensively, shall be determined as ordered.

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