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(영문) 수원지방법원 평택지원 2014.08.27 2014고정429

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a two-way sports cargo vehicle.

On April 25, 2014, the Defendant driven the above vehicle on April 12:05, and made a turn to the left at about 10-20 km from the Han River High School to the left at the speed of about 10-20 km from the front line of the crosswalk, “Sayang Pool” which is in the joint-working of Pyeongtaek-si.

In such cases, a person engaged in driving service has a duty of care to accurately operate the steering direction, brakes, and other devices of the vehicle, and to safely drive the motor vehicle by safely examining the right and the right of the operation of the motor vehicle and prevent the accident from occurring.

In addition, since there is a crosswalk for pedestrian traffic, a person engaged in driving service is obliged to safely proceed without hindering pedestrian traffic, such as temporary stop, if there is a pedestrian walking on the crosswalk.

Nevertheless, the defendant neglected to do so and is bypassing it.

A victim C (the age of 30) who was a pedestrian crossing at the right-hand side of the running direction of the defendant vehicle was shocked by the front side of the left-hand side of the defendant vehicle.

As a result, the Defendant suffered an injury in need of eight weeks of medical treatment, such as side knee and left-hand side of side kne, etc., due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report, traffic accident occurrence report, and on-site photographs;

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 concerning Criminal Facts, Article 268 of the Criminal Act;

1. Selection of an alternative fine for punishment;

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;