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(영문) 서울북부지방법원 2019.01.17 2018고단4857
교통사고처리특례법위반(치상)
Text

The defendant shall be punished by a fine of five million won. If 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-S car.

On July 11, 2018, the Defendant driven the above car at around 14:20, and moved the two-lane road in front of Dobong-gu Seoul Metropolitan Government, Seoul, along with the Dowing basin, from the Dowing Seaside to the Dowing basin.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving a motor vehicle has a right to drive the motor vehicle and to check whether he/she has a right to drive the motor vehicle safely.

Nevertheless, when the defendant neglected this and proceeded as it is, the defendant left the right side of the vehicle in which the victim D (the age of 65) is driving by the defendant according to the pedestrian signals from the right side of the course to the left side of the road.

Ultimately, the Defendant suffered a variety of cages at 3,4,5, and6 cages at cages, which require approximately six weeks of medical treatment from the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the Defendant has committed a traffic accident in violation of the duty to protect pedestrians, and the degree of injury to the victim is not somewhat weak.

However, the defendant is the first offender.

As the Defendant subscribed to a motor vehicle comprehensive insurance, the Defendant was fully paid insurance money to the victim, and agreed separately from the victim.

Defendant acknowledges and reflects wrongs.

In addition, considering all the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, etc. of the defendant, the defendant shall be punished and ordered.

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