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(영문) 춘천지방법원 원주지원 2015.07.21 2015고정263

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000. If the Defendant fails to pay the said fine, 100.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Poter Cargo Vehicles B.

On January 21, 2015, the Defendant driven the above vehicle at around 23:00, and proceeded to turn to the left at a speed not confirmed by the front side of the Driju Priridong Hospital at the underground level.

There are three-distance crossings in which crosswalks are installed, and at the time, the victim E (32 years old, female) was crossing the crosswalks to the right side on the left side of the driving direction of the Defendant, and thus, there was a duty of care to check whether there is any person who gets on the front side by reducing speed and checking the front side well, and to check the safety of the course and prevent the accident in advance.

Nevertheless, the Defendant neglected to turn to the left without neglecting this, and proceeded with the front part of the Defendant’s driving vehicle in front of the victim’s right side.

Ultimately, the Defendant suffered injury to the victim, such as the franchisium to the right franchisium in need of stability for about six weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Medical certificates and medical records;

1. Application of Acts and subordinate statutes to field photographs, investigation reports (the results of the verification of CCTV in a place of accident), investigation reports (Correction of a place of occurrence of a traffic accident), investigation reports (Attachment of On-site photographs), investigation reports (Attachment of On-site photographs), and investigation reports

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

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;