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(영문) 서울중앙지방법원 2018.06.21 2018고단1914
교통사고처리특례법위반(치상)
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Crain cars.

On January 25, 2018, the Defendant driven the above car at around 18:30 on January 25, 2018, and led to the left-hand turn to the right-hand turn at the Sungnam High School in the front side of the apartment street 99-dong, Dongjak-gu, Seoul Metropolitan Government.

At that time, a crosswalk is installed at night, where there is no signal signal at the front of that place, so in such a case, there was a duty of care to temporarily stop a person who is engaged in driving a motor vehicle in order to reduce the speed and to check well the right and the right and the right of the motor vehicle.

Nevertheless, the defendant neglected this and found the victim D (60) who was moving to the right side on the left side by using the crosswalk due to the negligence of neglecting it, and had the victim go beyond the ground by taking the front of the car driving by the defendant.

In the end, the Defendant suffered injury, such as cutting down the bones of tea, which requires approximately six weeks of medical treatment from the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on the actual conditions of the site;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a selective fine (the first offender, the agreement with the victim, and the depth of the sentence) ;

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

1. It is so ordered as per Disposition under Article 62(1) of the Criminal Act (a) for the following reasons: (b) the Defendant received a relatively low amount of 1.7 million won a month’s average as an early old-age soldier in society; and (c) the economic situation is difficult to prepare a mutual agreement by obtaining a loan.

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