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(영문) 대구지방법원 경주지원 2015.01.21 2014고단642

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 a car B i30.

On June 21, 2014, at around 21:59, the Defendant driven the said car, driving a two-lane of the “D” front of the “D” in the racing city, and driving the two-lane of the two-lane road from the Seocheon Riverside to the Seobol four-lane.

At this point, there was a duty of care to check whether a person engaged in driving of a motor vehicle is in a way to reduce speed and to see well the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the new code, because the person who is engaged in driving of a motor vehicle is in a crosswalk with a signal signal, etc. at the time.

Nevertheless, the defendant neglected this and proceeded with the fact that the vehicle progress signal is changed to the stop signal, and the defendant's negligence was unfolded to the right-hand side of the above vehicle, and if the vehicle is closed to the right-hand side of the victim E (W, 46 years old) who dried the crosswalk from the right-hand side of the vehicle.

As a result, the Defendant suffered injury to the victim, such as slots, which need to receive approximately eight weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. E statements;

1. Application of the traffic accident report, on-site survey report, on-site photo, accident intensity, vehicle register inquiry (B), investigation report (victim's diagnosis report and insurance for the suspected vehicle), diagnosis report (E), and the Acts and subordinate statutes of the Korea Automobile Insurance Certification Board;

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

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

1. The fact that the two types of punishment provided by Article 334(1) of the Criminal Procedure Act are smoothly agreed with the victim, the first offense, and other records and arguments, such as the defendant's age, happy family environment, etc.