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(영문) 전주지방법원 정읍지원 2017.12.14 2017고단376
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 a vehicle B with low investment.

On June 5, 2017, the Defendant driven the above car at around 22:50, and came to turn to the left from the side of the village center, such as D Mart in front of D Mart in the regular Eup/Myeon.

At the time, there are nights and a crosswalks installed, so in such cases, there was a duty of care to check whether there is a person who gets on the way to reduce the speed and to check well the right and the right and the right of the driver of the motor vehicle.

Nevertheless, the defendant neglected this and caused the victim to go beyond the floor by taking the lower part of the victim E's body back from the right side of the running side of the motor vehicle in question to the left side by negligence that did not look at the right side and left-hand turn without neglecting it.

Accordingly, the Defendant suffered injury, such as tear tear, etc., from the 12 week therapy to the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A medical certificate;

1. Application of Acts and subordinate statutes to traffic accident reports;

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 under Article 334(1) of the Criminal Procedure Act is that there is a heavy penalty for causing a relatively heavy injury to pedestrians who have dried the crosswalk due to the driving of the defendant's negligence, etc., which are favorable to the defendant, such as the conditions for sentencing unfavorable to the defendant, the fact that the defendant committed the crime, and the fact that there is only one minor fine for the defendant, and the victim is more favorable to the defendant, such as the fact that the defendant was not subject to punishment by mutual consent between the defendant and the victim.

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