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(영문) 대구지방법원 서부지원 2018.10.24 2018고단405
교통사고처리특례법위반(치상)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On September 14, 2017, around 09:10, the Defendant driving a sports cargo vehicle at Dco-gu Dco-gu around 09:10, and continued to run in the direction of reporting at the F parking lot located in Daegu-gu E.

At the time, the defendant was crossing the sidewalk in the parking lot to go back to the roadway, so the defendant engaged in driving duty has a duty of care to temporarily stop immediately before crossing the sidewalk and drive safely after examining the left side and the right side.

Nevertheless, the Defendant neglected this and got the victim G (the age of 83) (the age of 83) who was proceeding on the right side from the left side of the proceeding direction due to the negligence of neglecting it, and was placed on the right side of the said cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as laver laver laver laver laver laver laver laver, which requires approximately nine weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Report on the occurrence of a traffic accident;

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

1. Article 3(1)9 proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines (the defendant reflects the time when committing the instant crime, the vehicle is covered by a comprehensive insurance, the defendant paid 10 million won to the victim and agreed with the victim, there is no record of criminal punishment for the same crime. Meanwhile, the amount of fines shall be determined by taking into account the following circumstances: (a) the crime of this case was committed by the defendant who committed a crime by intrusion on the sidewalk by the defendant, and was committed by the defendant while operating the crime of this case was committed, and the degree of injury to the victim is serious; and (b) the degree of fine is serious; and (c) other various circumstances

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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