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(영문) 춘천지방법원 2016.08.12 2016고단427
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 a C-A-hurd motor vehicle.

On March 15, 2016, the Defendant driven the above car at around 14:10 on March 15, 2016, and made the two-lanes of the road located in Chuncheon City D (Gu) E theaters, turn to the left from the new bank to the intersection of the traffic.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving service is a person who gets on a road by reducing the speed and by properly examining the right and the right and the right of the road.

Nevertheless, the Defendant neglected to do so and got the victim F (23) who cross the crosswalk from the right side to the left side of the crosswalk to go beyond the ground by taking the Defendant’s knee away from the left side of the Defendant’s car.

As a result, the Defendant suffered from the Defendant’s occupational negligence that caused approximately eight weeks of medical treatment to the part of the side in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The actual survey report and on-site photographs of traffic accidents;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the Defendant caused the instant traffic accident by gross negligence, which is in violation of the duty to protect pedestrians in the crosswalks, and that the degree of injury of the victim is not negligible, is a factor disadvantageous to the Defendant.

On the other hand, it appears that the defendant divided the defendant's wrong and reflects the defendant's wrong, in particular, the defendant paid 2 million won to the victim on July 2, 2016, which was after the prosecution of this case, and the victim did not want the punishment of the defendant.

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