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(영문) 대구지방법원 2021.01.28 2020고정1087

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a dump truck B 25.5 tons.

On May 11, 2020, the Defendant driven the above truck on around 15:35, and turned the intersection in front of the D convenience point located in Daegu-gu Dong-gu C from the border area to the tri-distance of Pakistan.

Since there are crosswalks where signal lights are installed, the defendant has a duty of care to observe the signal, to ensure safety driving by checking pedestrians' right and right and right, etc., and to prevent accidents by driving safely.

Nevertheless, the defendant neglected this and got the victim E (the 38 years of age) to leave the above crosswalk to the right side immediately after playing on the right side from the direction of the defendant's course by negligence in the course of his duties. The defendant got the victim E (the 38 years of age) to go back to the right side.

After all, the Defendant suffered from the Defendant’s occupational negligence such as salt, tensions, and tensions in the areas requiring approximately two weeks medical treatment.

Summary of Evidence

1. The legal statement of witness E, the report on the occurrence of a traffic accident, the photo of the scene of the accident, the fact-finding report, the statement on the occurrence of a traffic accident (E), and the application of Acts and subordinate statutes;

1. Relevant legal provisions of the relevant criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act, Article 268 of the Criminal Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;