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(영문) 대구지방법원 2017.04.12 2017고정467

교통사고처리특례법위반(치상)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a Cbee or a car.

On December 2, 2016, the Defendant driven the above car at around 14:40 on December 14, 2016, and led the front road of the Wussan-dong office located in Youngcheon-ro 51, Youngcheon-si to the Yongcheon-do basin.

Since there is an intersection in which crosswalks are installed, in such a case, the driver had a duty of care to prevent the dispatch to the person who is engaged in driving service, and to accurately operate the steering system and the brakes.

Nevertheless, the Defendant neglected to do so and negligently proceeded to the right side of the Defendant’s proceeding, and received the victim D (the age of 70) who was standing on the left side of the crosswalk from the right side of the Defendant’s proceeding to the front of the said car that the Defendant drives.

Ultimately, the Defendant suffered approximately 10 weeks from the above occupational negligence to the right-hand pelle electronic pelle, which requires approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. Application of the statutes governing de facto survey reports, on-site photographs, and CCTV photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;