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(영문) 의정부지방법원 2015.09.22 2015고단410

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a driver of EXE car.

around 17:00 on October 16, 2014, the Defendant temporarily laid down on the DNA road located in Kuri-si C and completed the day to start the day to start.

Since there is a crosswalk installed on the floor of the road, the person engaged in driving service has a duty of care to safely drive by checking whether there is a pedestrian walking the crosswalk.

Nevertheless, the Defendant neglected to do so, due to the negligence on the left side of the back-hand side of the Mad Indives vehicle, was shocked into the left side of the victim E (the 15-year-old and female) who walkes the crosswalk to the right side of the back-hand side of the Madscing vehicle.

As a result, the above E suffered injuries, such as dogbs, slots, salt dye, straw, etc., which require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of traffic accident occurrence situation in preparation E;

1. The actual condition survey report;

1. Cuts of the CCTV set;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on photographics by cutting booms of vehicles involved in accidents;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the same Act concerning facts constituting an offense

1. Selection of a selective fine for punishment (including the fact that there is no past history of criminal punishment, the fact that the relevant motor vehicle is covered by a comprehensive insurance, and the extent of accidents and damage is relatively minor);

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;