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(영문) 인천지방법원 2017.05.24 2017고단365
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 engaging in driving a rocketing car.

On October 16, 2016, around 14:55, the Defendant moved the front road of Bupyeong-gu Incheon Metropolitan Government C, and D points to the private distance protection area of the Dong in the Bupyeong-gu, Incheon. On October 16, 2016, the Defendant proceeded to approximately 15 km in the speed.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph, after checking whether he/she has a person to reduce speed and to see well the right and the right on the front side.

Nevertheless, due to the negligence of neglecting this, the Defendant found the victim E (the 22 years old) crossing the crosswalk from the right side of the Defendant’s running direction to the left side of the crosswalk pursuant to the pedestrian signals, and found the Defendant’s car driving along the Defendant’s driver’s vehicle, and led the victim’s right edge beyond the play area to the front side of the driver’s seat of the said vehicle.

As a result, the Defendant suffered injury to the victim during the above occupational negligence during approximately six weeks of medical treatment. In addition, the Defendant suffered injury to the sacrife and the safy of the saf.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

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

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1 and 6, Article 268 of the Criminal Act concerning criminal facts, and Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, 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 Order is that the Defendant, while driving a motor vehicle without violating the signal and neglecting his/her duty of care in the front direction, led to the instant crime in which the Defendant reported the said motor vehicle to the victim going on the crosswalk pursuant to the pedestrian signals and tried the victim to suffer bodily injury, and the degree of damage to the victim, etc.

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