beta
(영문) 대구지방법원 2017.06.14 2017고정948

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 who is engaged in driving of a hurd motor vehicle B.

On January 6, 2017, the Defendant driven the above vehicle at around 08:00, and led the 139 crosswalk to the direction of the Daegu-dong-gu public announcement on the 39 crosswalk at the right side of the Pakistan-gu, Daegu-gu.

Since there are crosswalks in which signal lights are installed, there was a duty of care to check whether there is a person who gets on a way by reducing speed and by checking well the right and the right and the right of the road, and to drive safely according to the new code.

Nevertheless, the Defendant neglected this and got the victim C (the age of 63) crossing the crosswalk from the right side of the proceeding to the left side of the crosswalk under the pedestrian signals by negligence, and received the victim C (the age of 63) as the front part of the Defendant’s driving vehicle.

Therefore, the above victim suffered injury such as spine 12, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Reporting on the occurrence of traffic accidents and the application of Acts and subordinate statutes governing the actual survey report;

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;