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(영문) 창원지방법원진주지원 2020.12.22 2020고단1168
교통사고처리특례법위반(치상)
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 engaging in driving a low-speed car.

At around 19:00 on March 7, 2020, the Defendant came to turn to the left from the right edge of the 3-distance intersection in front of the Dcafeteria in Jinju-si, Jinju-si.

Since a signal apparatus and crosswalk are installed, the driver of a motor vehicle shall safely drive the motor vehicle in accordance with the new code by reducing the speed and by checking well the right and the right of the motor vehicle, and there was a duty of care to temporarily stop in front of the crosswalk in order not to obstruct or endanger the traffic of pedestrians.

Nevertheless, the Defendant neglected the above duty of care and caused the Defendant to drive the Victim F (L, 48 years old) who passed the crosswalk to the port from the right side of the motor vehicle due to pedestrian signals by negligence, such as disregarding and proceeding the stop signal.

Ultimately, the Defendant suffered injury to the left-hand salt of the shoulder that requires approximately two weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A medical certificate;

1. Application of the traffic accident report (1), (2) and Acts and subordinate statutes related to the accident;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The instant traffic accident on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is driving in violation of the Defendant’s signal.

In full view of the records, such as the degree of negligence of the defendant's driver, the degree of injury suffered by the victim, the fact that the defendant is covered by the comprehensive motor vehicle insurance, the previous punishment records of the defendant, and the various kinds of sentencing conditions as shown in the arguments of this case, the punishment shall be determined as ordered.

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