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(영문) 대구지방법원 김천지원 2014.06.05 2014고단236

교통사고처리특례법위반

Text

Defendant shall be punished by a fine not exceeding eight million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who drives a Cren car.

On January 9, 2014, at around 19:15, the Defendant driven the said car, and proceeded ahead of the four-lane road at Kimcheon-si, Kimcheon-si, along the two-lanes, from the straight line along the two-lanes.

Since there is a place in which a crosswalk is installed, the driver has a duty of care to safely drive the crosswalk by reducing the speed by examining whether there is a person who is engaged in driving service.

Nevertheless, the Defendant neglected the duty of Jeonju City and got the victim D (54 years old) and E (53 years old) who opened a crosswalk to the right side from the left side of the direction of the Defendant's proceeding due to negligence in the course of the business.

Ultimately, at around January 22:10 on January 9, 2014, the Defendant caused the victim D by occupational negligence in G Hospital located in Kimcheon-si, Kimcheon-si, to be the low-blood shock shock, and suffered injury to the victim E in the right frame open to the right frame, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made with H;

1. Notification of the results of the actual traffic accident investigation report, on-site photographs, and traffic accident analysis report;

1. Domestic investigation reports (Attachment of Diagnosis Reports by Pedestrians E), investigation reports - A copy of death diagnosis reports, and the application of Acts and subordinate statutes of a copy of autopsy report;

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 to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

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

1. In light of the fact that each of the selective fines for punishment is an accident at a crosswalk, that one of them is dead, that one of them is causing serious damage, such as the injury to hedges, etc., or that there is no signal apparatus installed on the crosswalk.