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(영문) 인천지방법원 2017.07.19 2017고단2012
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 B-learning car.

On January 26, 2017, the Defendant driven the above car at around 14:15, and got to turn to the right from the right side of the string of the 3-lane crossing of the 74-lane in the course of Yeonsu-gu Incheon, Incheon, the U.S. National Agricultural Cooperative at the front of the branch of the NATT, the Defendant got to turn to the right from the right side of the Doll.

There was a place where a pedestrian signal apparatus is not installed, and thus, the driver of the vehicle has a duty of care to care for the pedestrian walking along the crosswalk and to protect the pedestrian walking along the crosswalk by living well on the front side and right side of the vehicle. However, in order to make a left-hand turn while neglecting this duty, the Defendant, by the negligence of entering the crosswalk to make a left-hand turn, shocked the victim C (the age of 81) who was a driver of the vehicle into the front part of the said crosswalk.

Ultimately, the Defendant suffered injury to the victim, such as 11 chest pressure pressure, which requires approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on shooting photographs;

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 of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the Defendant, while driving a motor vehicle at the three-distance intersection in which the Defendant neglected the duty to give the right and the right at the right and the right and the right and the right are left, in addition, while driving a motor vehicle at the same time by neglecting the duty to give the right and the duty of the front and the driver of the motor vehicle, caused the damage to the victim by shocking the victim who was walking on the crosswalk without signal apparatus, and the degree of the damage to the victim, etc., the Defendant did not have any criminal history.

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