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(영문) 대구지방법원 서부지원 2015.12.29 2015고단1904

교통사고처리특례법위반

Text

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

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On September 17, 2015, the Defendant driven the said car on September 17, 2015, at around 09:39, and proceeded two-lanes of the two-lanes in front of the Song Seo-gu Seo-gu Incheon Metropolitan City, Seo-gu, Seoul Metropolitan Government Office of Education at the seat of the Busan Metropolitan City Office of Education.

At the time, a crosswalk without signal lights is installed on the front side of the road at the time, and the victim C (the age of 45) was crossinging the above crosswalk from the left side of the defendant front side to the right side, so in such a case, the defendant engaged in driving service has a duty of care to safely stop the road at a speed so as not to shock the victim.

Nevertheless, the Defendant neglected to do so and received the victim as the front part of the Defendant’s vehicle by negligence, and suffered injury, such as brain ties and ductals, which require approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. Actual condition survey;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Acts concerning facts constituting an offense, 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;