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(영문) 수원지방법원 평택지원 2017.12.20 2017고단1992
교통사고처리특례법위반(치상)
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Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a car in XG.

On September 19, 2017, the Defendant driven the above car and proceeded to turn to the left at a speed of about 20 km at the speed of about 20 km from the right side of Pyeongtaek-si to the right side of the right middle school at the speed of about 50 km.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to safely check whether there is a person who walks the crosswalk installed at the intersection.

Nevertheless, the Defendant neglected this and did not discover the victim C (A, 65 years of age) who was a pedestrian crossing installed in the flat middle school of the above intersection, and did not find the victim C (A, 65 years of age) and shocked the victim with the front part of the said vehicle.

As a result, the Defendant suffered injury to the victim, such as the left-hand pelle pelle pelle, etc., which requires approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual condition and an accident scene photograph;

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 punishment shall be determined as ordered in light of the overall conditions of sentencing, including the following factors: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the disadvantage of the defendant, such as the degree of negligence of the defendant and the degree of injury of the victim, etc.; (b) there is no record of criminal punishment; (c) the victim does not want the punishment of the defendant by making an initial agreement after the prosecution; (d) favorable circumstances, such as the fact that the victim is subscribed to a comprehensive motor vehicle insurance; and (e) circumstances

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