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(영문) 대구지방법원 2014.03.20 2014고단156

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 CM vehicles.

On October 30, 2013, the Defendant driven the above vehicle at around 08:40 on October 30, 2013, and led the front fire-fighting road of the Taesung-dong Jungdong-gu, Daegu to proceed in the direction of the Livestock Cooperative distance from the middle-dong community service center.

Since there is a place where a crosswalk without signal, etc. is installed, the driver of the vehicle passing along the crosswalk had a duty of care to safely operate the vehicle after checking whether there is a pedestrian who gets on the front side and the left side of the crosswalk.

Nevertheless, the defendant neglected to do so, and as a result, entered the crosswalk to the right-hand side of the defendant's proceeding, the victim D, who crossed the crosswalk from the right-hand side of the defendant's proceeding to the left-hand side, received the victim D(70 years of age) as the front-hand part of

The Defendant suffered from the Defendant’s negligence in the course of business, which caused approximately 12 weeks of medical treatment, pressure duplicating L1 body.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

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

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the provisional payment order provided for in Article 334(1) of the Criminal Procedure Act, although the defendant had caused the instant traffic accident, he/she suffered serious injury to the victim, he/she shall be sentenced to punishment as ordered by taking into account the following factors: (a) the defendant had no record of criminal punishment other than a fine once; and (b) the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime