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(영문) 수원지방법원 2019.10.31 2019고단4585

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 Obaba in B.

At around 17:15 on July 2, 2019, the Defendant driven the above Oralb, and made a left turn to the left at the front of the D secondary school located in Young-gu C at Suwon-si, Suwon-si.

Since the location is where signal lights and crosswalks are installed, the person engaged in driving service was found to have a duty of care to check whether there is a person who gets on the way to reduce speed and check the right and the right and the right and the right and the right are well and to drive safely in accordance with the new subparagraph.

Nevertheless, the defendant neglected this and caused the victim E (the age of 65) who was unauthorized to cross the vehicle at the right intersection due to the negligence of violating the signal even though the vehicle driving signal was stop signal, and the victim E (the age of 65) was shocked in front of the above Oba.

Ultimately, the Defendant suffered injury to the victim, such as the removal of a ductal frame, which requires approximately 12 weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A survey report (CCTV recycling verification);

1. On-site photographs;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, 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. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant suffered bodily injury by negligence on the part of the defendant who violated the signal, and the degree of injury suffered by the victim is not less minor but less minor.

However, the fact that the defendant recognized and led to the crime of this case, that the defendant agreed with the victim, that the victim was involved in an accident while crossing without permission even though it is not a pedestrian signal, and that the defendant acquired a driver's license in the ledger of driver's license.