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(영문) 창원지방법원 마산지원 2015.06.12 2015고정266

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On December 21, 2014, at around 16:40 on December 21, 2016, the Defendant driven a passenger car in the Bco zone, and driven the crosswalk in front of the former Track Public Security Center in the Msan-gu, Muwon-si, Muwon-si, in accordance with the speed of about 60km between three lanes in the direction of Msan-do and the speed of 3 lanes in the direction of Msan-si.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate the motor vehicle according to his/her name.

Nevertheless, due to the negligence of neglecting this, the Defendant neglected it, and received the left side of the victim C who passed the crosswalk on the right side of the direction of the Defendant’s running along the crosswalk in accordance with the pedestrian signals of the crosswalk, from the left side of the direction of the Defendant’s running, as the front part of the said car.

The Defendant suffered injury to the victim by occupational negligence, such as the cutting-off of the left-hand aggregate and the closing of the victim, which requires approximately seven weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by C;

1. The actual survey report on traffic accidents;

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

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 (1) 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;