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(영문) 인천지방법원 2017.07.19 2017고단1986
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 of C Freight.

On December 21, 2016, the Defendant driven the above cargo vehicle at around 17:40 on December 21, 2016, and led to the intersection of 64 Ga-ro, Seo-gu, Incheon, Seo-gu, to the sloping distance from the post office of the Corporation.

Since there was a place where a pedestrian signal apparatus was installed, the driver of the vehicle has a duty of care to protect the pedestrian walking along the crosswalk by taking a front door and the right and the right and the right and the right of the driver of the vehicle, but the defendant neglected to do so while neglecting his duty to protect the pedestrian walking in the above crosswalk, the defendant, even though the pedestrian signal in the above crosswalk was green signal, who caused the victim D (W, 51 years old) who dried the above crosswalk to the front part of the above cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as a felball, which requires approximately 12 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to A by the police;

1. A survey report on actual conditions;

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

1. Relevant legal provisions concerning criminal facts, 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 Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment Order is that the Defendant, while driving a motor vehicle, neglected his/her duty to take the front direction and caused the injury to the victim walking along the crosswalk pursuant to the pedestrian signals while taking advantage of the fact that the crime of this case was committed, and the degree of damage to the victim, etc., although the nature of the crime is not negligible, the Defendant is deemed to have no criminal history of the same kind, since the vehicle is covered by a comprehensive insurance, it is deemed that there is no obstacle to the recovery of damage to the victim. After the conclusion of pleadings, the victim does not want the punishment of the Defendant

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