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(영문) 수원지방법원 성남지원 2018.11.08 2018고단1868
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

피고인은 B 포르테 쿱 차량을 운전한 사람이다.

On February 12, 2018, the Defendant driven the above vehicle on February 12, 2018, while driving the above vehicle, was proceeding in front of the welfare center for the elderly at the Sungnam-si, Sungnam-si, about the direction of the abortion underground vehicular road, and the crosswalk was installed at that place.

In such cases, when a pedestrian passes a crosswalk, the driver shall not cause danger to the pedestrian or interfere with the passage of the pedestrian, and the driver shall walk on the right and the right of the front side and drive the pedestrian.

Nevertheless, the Defendant neglected such duty to protect pedestrians by negligence, and caused the damage to the victim C (44 years) who was walking through the crosswalk in the direction of the 7rd village complex in the white village. However, the Defendant immediately saw the victim C (44 years) who was walking along the crosswalk, but eventually led the victim to the front part of the victim's vehicle.

As a result, the Defendant suffered injury to the victim by his occupational negligence, such as cutting the body body body felbs, which requires approximately 10 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reporting of a traffic accident (1) (2);

1. Application of Acts and subordinate statutes of a medical certificate;

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 for detention in a workhouse (when a sentence of suspension of execution is invalidated or revoked, and a fine is not paid).

1. Determination of the sentence like the order shall be made in consideration of the fact that the defendant is against the reason for sentencing under Article 62(1) of the Criminal Act, the fact that the defendant is smoothly agreed with the victim, the fact that the vehicle is covered by the comprehensive automobile insurance, and the primary offender, etc.

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