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(영문) 대전지방법원 2014.03.18 2013고단4396

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 is engaged in driving C 110cc Orala.

Around 00:20 on March 18, 2013, the Defendant driven the above Oralba, and driven the two-lane road in the Dongyang-dong, Daejeon-gu, Daejeon, along the speed of about 20 km from the 4-distance flooding area to the string and stroking area, the Defendant driven the two-lane road along the speed of about 20 km.

Since there are lots of signals around the crosswalks where traffic signals are installed, the driver of the motor vehicle had a duty of care to safely stop the accident by checking the traffic situation of the front left by the driver and checking whether there is a pedestrian to walk the crosswalks and preventing the accident in advance.

Nevertheless, the defendant neglected this and got the victim D (73 years old) who was a pedestrian signal from the right side of the defendant to the left side of the pedestrian signal by his negligence, and got the victim to go beyond the road.

Ultimately, the Defendant suffered injury to the victim, such as a fluorium, fluorium, and fluorium in need of medical treatment for about 12 weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. A traffic accident report;

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

1. Relevant legal provisions concerning facts constituting an offense, 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 According to the Selection of Punishment, and Article 268

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.