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(영문) 대전지방법원 2016.11.18 2016고정732

교통사고처리특례법위반

Text

1. The defendant shall be punished by a fine of one million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving a private taxi in C5.

On January 26, 2016, the Defendant driven the above taxi on January 23:21, 2016, and led the bypass while driving the crosswalk next to the D Apartment-gu Daejeon Metropolitan Government D Apartment-gu, Daejeon to Fump from the E-distance room to the Fump.

Since the crosswalk and signal apparatus are installed, there was a duty of care to observe the signal and protect pedestrians crossing the signal.

Nevertheless, by negligence in violation of the signal, even though the signal of the direction is red and the pedestrian signal of the crosswalk is green, the defendant did not find out the victim G ( South and 23 years old) to the right side of the right side of the direction of the defendant's proceeding, and the defendant's driver taxi was placed right side of the victim's right side with the front part of the direction of the defendant's driver taxi.

The Defendant suffered injury to sugar, etc., which did not have two or more open addresses, for about three weeks of medical treatment from the victim by occupational negligence as above.

Summary of Evidence

1. The legal statement of witness G (the statement about the situation before and after the occurrence of the instant traffic accident and the situation at the time of the accident is consistent and concrete. The details of the statement are inconsistent with other evidence, such as a medical certificate, a medical record copy certificate, etc., and the mere victim of the traffic accident does not seem to have any circumstance to be false in light of the relationship between the witness whose damage has been recovered as the victim of the traffic accident and the defendant who is the driver, and credibility

1. A survey report on the actual condition and a report on the investigation (Attachment of a field photograph);

1. Application of Acts and subordinate statutes of a medical certificate, certificate of a copy of medical records, and a medical certificate of injury;

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. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act.