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(영문) 광주지방법원 순천지원 2013.04.12 2012고정892

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a motor bicycle driver who is less than 50cc.

On November 22, 201, 201, when driving the above motorcycle without a driver's license for a motorcycle at around 22:40 on November 24, 201, and driving the crosswalk on the front of the court distance in front of that of the Ycheon-si Municipal Ordinance at the Ycheon-si level to three-lane a speed of 60 kilometers, there is a crosswalk installed. Therefore, when pedestrians are passing along the crosswalk, they have a duty of care to reduce the speed in advance and temporarily stop in front of the crosswalk and protect pedestrians.

Nevertheless, the defendant neglected this and proceeded as it was while driving the vehicle in the signal waiting, and the defendant shocked the victim B (main, 47 years old) who cross the crosswalk to the right side of the green, such as pedestrian signal, etc. from the left side of the proceeding, and caused the victim to suffer injury, such as cerebral wave, which requires about three weeks of medical treatment.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. The actual condition of traffic accidents;

1. Registers of driver's licenses;

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

1. Relevant legal provisions concerning criminal facts, the proviso to Article 3 (1) 6 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 154 subparagraph 2 and Article 43 of the Road Traffic Act, and the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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;