beta
(영문) 대구지방법원 서부지원 2016.09.09 2016고정334

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

The defendant is a person who is engaged in driving a motor vehicle with sod vehicle of C. C.

On March 4, 2016, the Defendant driven the above vehicle as a job at around 20:07, and got the front of the crosswalk D in Daegu-gu, Seogu along three-lanes from the offline of the rocks to the offline of the monthly four-lane.

Since there is a crosswalk in which a signal, etc. is installed, there was a duty of care to prevent accidents in advance by safely driving and checking whether a person engaged in driving service complies with the signal and sees on the front side and right side of the crosswalk.

Nevertheless, the Defendant neglected this and neglected the part of the bridge of the Victim F(13) crossing the left side from the right side of the above vehicle into the front side of the above vehicle.

As a result, the Defendant suffered injury to the victim, such as salt dump, tensions, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the police with regard to F;

1. A traffic accident occurrence report;

1. A survey report on actual conditions;

1. Application of statutes on site photographs;

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

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;

1. The defendant and his defense counsel's assertion of the defendant and his defense counsel under Article 186 (1) of the Criminal Procedure Act asserted that the defendant's defense counsel did not shock the victim who walked on the crosswalk by violating signal, but shocked the victim who was walking on the crosswalk without permission in violation of signal, and the victim expressed his/her intention not to punish him/her, so the prosecution against the defendant should be dismissed.

However, the evidence of the judgment and its findings are revealed.