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(영문) 광주지방법원 해남지원 2015.06.18 2015고단148

교통사고처리특례법위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed motor vehicle B.

On December 30, 2014, the Defendant driven the above vehicle on December 30, 2015, and moved the road in front of the road along the parallel intersection in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do to the ancient Dog-do, Chungcheongnam-do.

Since there is a place in which a crosswalk is installed, a person engaged in driving a motor vehicle has the duty of care to check whether there is a person standing a crosswalk by reducing speed and by checking well the right and the right of the road, and to safely drive the crosswalk.

Nevertheless, the Defendant neglected this and neglected the victim C (the age of 57) who is standing the crosswalk in accordance with the pedestrian signals due to the negligence of bypassing it consecutively, and received the victim C (the age of 57) as the front offender of the vehicle.

As a result, the Defendant suffered injury, such as the right-hand fat, which requires treatment for about 8 weeks from the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Time of Punishment, and Article 268 of the Criminal Act. Article 268 (Selection of Fine, Agreement, General Insurance, Defendant's occupation, background of accident and degree of negligence, record of criminal punishment, etc.)

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;