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(영문) 수원지방법원 2018.02.07 2017고단8152
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of 20 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 cuss car in D.

On October 11, 2017, the Defendant driven the above car at around 18:25, and led to two lanes among the 20-lane 3 lanes in the model 20-lane as it was the same as that of the Dong, the Defendant continued to drive the above car at around 40-50km in the speed of the city, from the surface of the Dong coal basin to the slick-ro.

At night, the defendant was allowed to run a crosswalk installed in front of an apartment complex, so a person driving a motor vehicle has a duty of care to safely drive the crosswalk by checking whether there is a pedestrian who gets to walk the crosswalk by reducing the speed and by checking well the right and the right of the road.

Nevertheless, the defendant neglected this and proceeded as it was because the victim E (V) who is crossing the right side from the left side of the vehicle driving direction of the defendant at the front side of the front side, was not found, and the defendant's body was shocked by the front part of the car driving by the defendant.

As a result, the Defendant suffered an injury to the above victim due to the above occupational negligence, such as uncertainty of consciousness due to the removal of the body frame from the removal of the body frame, brain damage, and malibs, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a traffic accident report, on-site photograph, a black stuff image, a medical certificate, and a medical opinion;

1. Relevant legal provisions of the relevant criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 4 (1) 2 of the Act, and Article 268 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are disadvantageous to the punishment in the Nowon-gu Station. - The injured party suffered serious injury to his consciousness by the instant accident. favorable circumstances are recognized to all the criminal facts. - The injured party is partly responsible for the occurrence of the instant accident by crossing the road in contravention of the signal of the third lane wideer road. - The injured party is the color colored at night.

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