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(영문) 전주지방법원 군산지원 2014.06.05 2014고단239

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of four 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 a DNA car.

On February 24, 2014, the Defendant driven the above vehicle on February 21:25, 2014, and led to the driving of the 109 side distance in front of the 109 side of the Bupyeong apartment located in the Sosan Sinsan-si, Hasan-si along the two-lane distance from the offside to the string distance from the offside.

At that time, a crosswalk without signal lights is installed, and there is a pedestrian crossing to the right side in the left side of the direction of the proceeding, so in such a case, a person engaged in driving service has a duty of care to safely drive by checking well the right and the right.

Nevertheless, the defendant neglected to do so and neglected to do so, and due to negligence proceeding as it is, the defendant, at that time, shocked the victim E (the age of 54) into the front part of the vehicle in which the defendant drives the victim E (the age of 54).

Ultimately, the Defendant suffered injury to the above victim, including the right-side joints wall, which requires approximately 12 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as a survey report on actual condition, a traffic accident scene photograph, a photograph by cutting down fluore image of the skin vehicle, and a diagnostic certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, the selection of fines (the primary crime without any previous criminal record, the fact that only the victim has agreed with the victim, and the fact that a public official status who is sentenced to imprisonment without prison labor is at a disadvantage

1. Articles 70 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;