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(영문) 대구지방법원 2015.02.05 2014고정3015

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives a cargo vehicle B as a duty.

On August 28, 2014, the Defendant driven the above vehicle at around 17:00, while driving the above vehicle, and led the crosswalk in front of the hydrosungdong 1, Daegu, to drive the crosswalk in the red signal of the vehicle on a three-lane way.

At that time, there was a place where signal lights are installed, so a person driving a motor vehicle as his/her duties has a duty of care to ensure that, when a pedestrian passes the crosswalk as a consequence of driving according to signals or instructions indicating traffic safety facilities, he/she does not obstruct or endanger the crossing of the pedestrian crossing by observing signals.

Nevertheless, the Defendant, while proceeding as it is in violation of this, brought the shoulder part, etc. of the victim C crossinged by the crosswalk according to the pedestrian signal from the right side of the course to the left side of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the mouths of the boness, which require approximately six weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. C's statement on the occurrence of traffic accidents;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Investigation report (as to the signal relation with the crosswalk);

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.