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(영문) 대구지방법원 김천지원 2017.12.07 2017고정431

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 29, 2017, at around 21:55, the Defendant driven a turfed car at B, and made it left left to the left at the turb of the 3-distance intersection at the entrance of the turg-ro 67, Gosi-si, Gosi-si, Gosi-si, Gosi-si, Gosi-si.

Since there is a crosswalk without a pedestrian signal, the defendant engaged in driving service has a duty of care to temporarily stop in front of the crosswalk in order not to obstruct the crossing of the pedestrian, or cause danger to the pedestrian, if the pedestrian passes the crosswalk well by checking well the right and the right of the pedestrian.

Nevertheless, the defendant neglected this and proceeded to the right edge of the victim C, which moves to the right edge of the crosswalk from the left side of the defendant's proceeding direction, to the right edge of the victim C, was set to the front wheels of the defendant's car.

Ultimately, the Defendant suffered injury to the victim, such as a ductal flavating the body in the vicinity of the closed nature requiring approximately five weeks medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. An on-site investigation report, a photo by cutting off a black stuffe image and a field investigation photograph;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

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

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

1. Full consideration of all the circumstances, such as the fact that a person who is walking on a crosswalk for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, suffered injury by shocking the victim, reflects the fact that he/she made an agreement with the victim after the prosecution, and the first offender;