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(영문) 광주지방법원 2015.03.12 2014고정2322

교통사고처리특례법위반

Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-hurd motor vehicle quantity.

On November 3, 2014, the Defendant driven the above vehicle at around 08:05, and proceeded at about 5 K km each hour from the side of the Hari Elementary School to the Hari Elementary School, along a one-lane road in front of the D convenience point in Gwangju Seo-gu.

In such cases, when a person engaged in driving of a motor vehicle reduces the speed, well sees the front left well, and pedestrians walk the crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk to check the safety of pedestrians first and to prevent accidents in advance.

Nevertheless, the defendant neglected this and continues to proceed at the same speed.

The victim E (the 8-year age, female) who crosses the right on the left side of the crosswalk was found late, and was urgently operated to avoid this.

However, the part of the driver's seat in front of the driver's seat of the defendant was not faced and the part of the victim's left side was damaged on the road.

As a result, the defendant suffered by negligence in the course of business the injury of the victim, such as a string of the issue requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Statement on the occurrence of traffic accident;

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 (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;