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(영문) 제주지방법원 2019.06.28 2019고정80
교통사고처리특례법위반(치상)
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On August 27, 2018, the Defendant driven a BM3 car on August 16:25, 2018, and led the D's private distance in C at Jeju to the F's right-hand side from E middle school.

On the front side, a crosswalk was installed, and the victim G (the age of 14) was crossing the above crosswalk from the right side of the defendant's moving direction to the left side according to the pedestrian signal, so in such a case, the defendant engaged in driving of the motor vehicle had a duty of care to take care of the front side and the right and the right and the right, and prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and got the body of the victim as the front part of the said car due to negligence, and suffered approximately six weeks of treatment from the victim.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement of the person involved in the traffic accident prepared by H;

1. Report on the occurrence of a traffic accident by a police officer and the application of each Act and subordinate statute stated in the report on a traffic accident;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is 【Scope of the sentencing sentence under law】 A fine of KRW 50,00,000 to KRW 20,000,000 for a fine of KRW 3 million. However, in light of the circumstance of the instant accident and the degree of injury suffered by the victim, even if the Defendant paid KRW 3.5 million to the victim and agreed with the victim, the above amount of fine is excessive.

It is so decided as per Disposition for the above reasons.

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