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(영문) 대구지방법원 2013.06.20 2013고정607

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a driver of a motorcycle at 125 cc. without a license plate.

1. Around 20:00 on July 28, 2012, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) followed the front path from the pentine distance to the stalth of the galth of the galth of the galton distance.

There is a duty of care to check whether there is a pedestrian crossing on the crosswalk and to safely drive the signal at all times even if the signal is in progress on the intersection.

Nevertheless, due to the error of driving the vehicle by neglecting this, the part of the victim B (n, 69 years old) crossing the right side of the crosswalks from the right side of the running direction conflicts with the front part of the above vehicle, and the victim B dies due to the external shock shock, etc., and the above passenger C (n, 22 years old) suffered injury, such as brain dys, which requires approximately two weeks of medical treatment.

2. The said motorcycle was driven on the same date and at the same place as the foregoing paragraph prior to the violation of the Guarantee of Automobile Accident Compensation Act.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The actual condition survey report;

1. A medical certificate or death certificate;

1. Application of statutes on site photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso of Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.