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(영문) 전주지방법원 군산지원 2014.04.02 2014고단30

교통사고처리특례법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On December 2, 2013, at around 18:05, the Defendant driven a 1 ton cargo vehicle C, and led to the left turn to the right from the U.S. distance on the road that is not divided into a four-lane-lane in the military.

Since there is a road without a signal signal, if a person engaged in driving of a motor vehicle is living well at the front side of the road and a pedestrian passes the crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk to check the safety of pedestrians and to prevent accidents in advance.

Nevertheless, the defendant neglected this and brought the victim D (the age of 66) who was the left-hand side of the crosswalk from the occupational negligence, which led to his neglect, into the left-hand side of the cargo of the defendant.

In the above accident, the defendant suffered injury, such as T1 and T 12, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to a report on investigation (abusing investigative records, 26 pages and diagnostic documents);

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, and Article 268 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;