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(영문) 광주지방법원 순천지원 2017.04.14 2016고정619

교통사고처리특례법위반(치상)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On September 23, 2016, the Defendant driven the above vehicle around 21:30 on September 23, 2016, and moved the front crosswalk in C from the 1st apartment zone to the west elementary school.

Since a crosswalk is installed in the front door, in such a case, there was a duty of care to safely drive the crosswalk after checking whether a person engaged in driving service is a person to build the crosswalk by reducing speed and properly examining the right and the right of the front door.

Nevertheless, the defendant neglected to do so and tried to stand the crosswalk from the right side of the proceeding to the left side of the victim E with the back wheels of the vehicle driving by the defendant.

As a result, the Defendant suffered injury to the victim, such as the right-hand sponsor, which requires approximately two weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes on the scene of traffic accident;

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

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;