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(영문) 대구지방법원 포항지원 2013.09.27 2013고정491

교통사고처리특례법위반

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 24, 2013, the Defendant driven a 1.2 tons freight vehicle B, B around 10:26, and was in direct operation of the crosswalks in front of the Yando-dong, Nam-gu, Namdo-gu, Chungcheongnamdo-gu, at the port, from the direction of the machinado-gu to the shooting distance range of the Sejong Puwon Hospital.

Since there is a place where a signal, etc. is installed and operated, there was a duty of care to see the front door and the left and the left well, and to proceed in accordance with the new code.

Nevertheless, the Defendant neglected this and caused the negligence of operating directly in violation of the signal as it is, around that time, the Defendant collisioned the bicycle right side of the victim C(68 years old) who passed a crosswalk in the direction of Y25 Si convenience stores with the front part of the vehicle.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as the closure of the right-hand body pelle, which requires treatment for about six weeks.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. The actual condition survey report;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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;