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(영문) 대구지방법원 상주지원 2017.01.17 2016고정164

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 in the amount of K3 cars.

On August 3, 2016, around 13:08, the Defendant proceeded along the street street in front of 395 "Public Kitter", "Seoulcheon-gun, Yacheon-gun, Chungcheongnamcheon-do, Chungcheongnamcheon-do, in the direction of the distance between the street and the distance between the two-lanes in the direction of the distance between the two-lanes.

There are crosswalks where no signal lights are installed on the front side, so in such a case, the person engaged in driving service has a duty of care to check whether there is any person who renders a way to reduce the speed and to check the right and the right and the right and the right and the right and the right and the right are well and to drive safely.

Nevertheless, due to the negligence of neglecting this, the victim D (the 64 years old) who walked on the left side of the said car driving direction with the victim C (the 64 years old) who was walking on the left side of the said car driving direction, brought about the victim D (the 64 years old), and brought about two-day medical treatment to the victim C, resulting in the injury of brain-dead sugar in the two opens where approximately two weeks medical treatment is required for approximately two-month medical treatment, and the injury of the victim D's frame and closeds that require approximately two-month medical treatment to the victim D.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of a protocol concerning the examination of suspect of the defendant;

1. Statement made by the police with respect to E and D;

1. The Defendant asserts that the proviso of Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents does not apply to reports on the occurrence of traffic accidents, reports on traffic accidents (on-site investigation reports), photographs on the scene of accidents, internal investigation reports, and reports on the investigation of each of the above-mentioned crimes [this case’s crime is not caused by crosswalks]

Article 3 (2) (proviso)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents does not apply to cases where “When a person commits a crime of bodily injury or injury due to the act of driving in violation of the duty of protection of pedestrians at a crosswalk under Article 27 (1) of the Road Traffic Act” (Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents) is not applicable.