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(영문) 의정부지방법원 2017.07.20 2017고정835
교통사고처리특례법위반(치상)
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Defendant shall be punished by a fine of KRW 700,000.

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 service of BCA110V.

On November 29, 2016, the Defendant driven the above vehicle at the speed of 19:20 on November 29, 2016, and led the Defendant to drive the above vehicle at a 29-lane speed from the front side of the 29-day government high school along the two-lanes of the front side of the 29-day government high school to the intersection of the new village crossing.

In this case, the driver has a duty of care to keep the signal well in the person engaged in driving service and safely drive the crosswalk to prevent the accident by safely driving it.

Nevertheless, the Defendant neglected this and got the victim C (43) who dried the crosswalk in accordance with the pedestrian signals by negligence in contravention of the signal, and got the front part of the Defendant’s gate.

Ultimately, the Defendant suffered injury to the above victim by negligence in the course of performing the above duties, such as fluoral salt, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, on-site map, on-site photograph, and a written statement and medical certificate prepared in C;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant recognized the criminal facts of the instant case and reflects his mistake; and (b) the fact that there is no record of special criminal punishment except for those subject to punishment for a violation of the Military Service Act around 2006 as a result of a violation of the Military Service Act.

On the other hand, the defendant, by negligence in violation of the signal, walked the crosswalk in accordance with the pedestrian signals.

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