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(영문) 광주지방법원 2014.07.17 2014고단1783

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 24, 2014, the Defendant was a person engaged in driving Otoba, driving the above vehicle on April 24, 2015, and driving the vehicle on April 24, 2014, and driving the one-lane between the four-lane two-lanes in the Yongsan-gu, Gwangju, to turn to the left from the boundary of the police station in the new Bananando.

At the time, the vehicle signal of the Defendant front side at the time is a stop signal, so it should not turn left, while the pedestrian signal of the crosswalk installed in the front side is green, and the victim C(n, 73 years old) in the front side is growing from the surface of the cuber service room to the surface of the cuber, so the Defendant was obliged to stop properly according to the vehicle signal and have a duty of care to ensure safe crossing of the pedestrian victim.

Nevertheless, the Defendant neglected to turn back the body of the victim as it was by negligence and caused the victim to go beyond the floor by taking the front part of the Defendant’s vehicle, and suffered injury such as brain injury requiring approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on traffic accidents, a actual condition survey report (1 and 2 reports);

1. Hearing of statements from a victim or reporting (in relation to traffic signals at the time of the incident);

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, the selection of fines (including the fact that an agreement has been reached with the victim, the reflection of such agreement, etc.);

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;