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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 driving a mw125-wheeled vehicle B.
On October 16, 2016, around 22:30 on October 16, 2016, the Defendant driven the two-lane road in front of the Dju point in Northern-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-si, at a speed of non-speed speed at the speed of speed from the boundary of the Janando Center at the Yananando Center to the point of D main points.
On the road, there was a crosswalk on which pedestrian signal, etc. is not installed.
In such cases, when a person engaged in driving of a motor vehicle reduces the speed to a person engaged in driving of a motor vehicle, well sees his/her right on the front side, and pedestrians are traveling along a crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk to check the safety of pedestrians and prevent accidents in advance.
Nevertheless, the defendant neglected this and continued to proceed at the same speed, and the upper part of the body part of the victim E ( South, 81 years old) crossing the right from the left side of the vehicle driving direction to the right side of the victim's vehicle.
As a result, the defendant suffered from occupational negligence to the victim about 12 weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. A report on the actual condition of survey and the occurrence of a traffic accident;
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 to attract a workhouse;
1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, has recognized and reflected his mistake.
Defendant's vehicles are covered by comprehensive automobile insurance.
However, the Defendant caused a traffic accident on a crosswalk and inflicted an injury on the victim in need of medical treatment for 12 weeks, and the degree of breach of duty of care and the degree of injury suffered are considerably heavy.
In the past, the defendant has been involved in a traffic accident several times.