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(영문) 창원지방법원 마산지원 2016.07.22 2016고정327

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is engaged in the duty of driving B-si.

On June 6, 2016, the Defendant driven the above taxi at around 10:37, and driven the four-lane road in front of the shooting distance of the new apartment in the Dong-gu Seoul Metropolitan City, Changwon-si, and the Eup in the Dong-gu, Youngcheon-gu, Changwon-si, Seoul Metropolitan City, along the four-lane road in the direction of the shooting distance of the new apartment.

There are crosswalks where signal lights are installed on the front door, so the person engaged in driving of a motor vehicle has a duty of care to check whether there is a person who gets a road by reducing the speed and checking the front door well, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the new subparagraph.

Even if the vehicle signal is changed to the stop signal, the defendant neglected this, and the defendant found the victim C who cross the crosswalk from the right side of the defendant's running direction to the right side in accordance with the pedestrian signals at the same speed due to the negligence that continued to go in violation of the signal, and delayed detection of the victim C, but failed to avoid it, and the victim's right side side was sent back to the front side of the defendant's taxi and the right side was shocked by the front side of the left side.

Defendant 1 suffered injury to the victim, such as a proposal that requires approximately three weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol prepared by the police against C;

1. A traffic accident report;

1. A report on investigation (Attachment of a medical certificate);

1. Application of statutes on field photographs;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1 and 6, Article 268 of the Criminal Act concerning criminal facts, and Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and Article 268 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;