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(영문) 대구지방법원 김천지원 2016.10.18 2016고정411

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CK3 Motor Vehicles.

At around 20:20 on January 28, 2016, the Defendant proceeded at the crosswalk of 63 Geumsan-ro, Geumsan-si, Geumsan-si, Simsi, Simsi, in a shot-si, with the width of gold shot-si from the shot-si room to the shot-si, shot-si.

At the time, it is night, and the front door of the snow was passed, and there is a crosswalk where signal lights are installed, so a person engaged in driving service has a duty of care to check whether there is a person who gets on a road by reducing speed and by properly examining the front door and the right and the right and the right of the road, and to safely drive according to the new subparagraph.

Nevertheless, due to the negligence of neglecting the change of the vehicle's moving signal, it was found late after the victim D (Nam, 33 years old) who cross the crosswalk from the right side to the left side according to the pedestrian signals, and received the left side bridge with the upper part of the upper part of the vehicle's right side.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about three weeks due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. A report on the occurrence of a traffic accident and a report on the actual condition of a traffic accident [the defendant seems to have failed to operate the brake at the time of the accident in this case, and the defendant, if he received a person from a vehicle, will be able to suffer injury, such as salt, tension, etc., of the chills which require sufficient medical treatment for about three weeks.] applying the statutes

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) of the provisional payment order has been attributable to the Defendant’s neglect of his duty of care.