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(영문) 의정부지방법원 2019.02.13 2018고정1586
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 service of the ice A car.

around 15:50 on September 18, 2018, the Defendant driven the said car on the road at one-lane in front of the C Jeong-si, Namyang-si, Seoul, and continued to proceed from D to D “E” at a speed of about 20km per hour.

At the front of the road, the crosswalk and the stop line are installed, so the driver of the motor vehicle had the duty of care to prevent the accident in advance by safely driving the motor vehicle after checking whether there is a person who gets a crosswalk by temporarily stopping the motor vehicle prior to the stop line.

Nevertheless, the Defendant neglected this and got the victim F (the age of 36) who dried a road along the crosswalk, leading the motor vehicle to the right-hand side of the bend and the motor vehicle to the front body of the motor vehicle driven by the Defendant.

The Defendant got injury to the victim G(3 years of age) who was on the part of the above victim with his/her mother by negligence in the course of performing his/her duties, respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A statement on the occurrence of a traffic accident prepared F;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs at the time of accident;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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