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(영문) 의정부지방법원 2014.09.04 2014고정1502

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a EXE car.

On February 23, 2014, at around 21:45, the Defendant proceeded directly from the Seoul bank to the two-lanes of the two-lanes of the two-lanes of the two-lane. On the front bank, there was a crosswalk on which a signal, etc. is installed.

In this case, the driver of a motor vehicle has a duty of care to check whether there is a motor vehicle traveling along the intersection by reducing speed and checking well the front side of the motor vehicle, and to prevent the accident by safely driving according to the traffic signal in advance.

Nevertheless, even though the defendant neglected this and even though he was a yellow signal, if he was negligent and proceeded by negligence, the victim C (53 years of age) who walked along the crosswalk in accordance with the pedestrian signals from the right side of the road was shocked by the back of the driver's seat.

As a result, the Defendant suffered from occupational negligence the injury of the victim, such as salt, tension, etc., which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report on traffic accidents;

1. Application of diagnostic certificates, on-site photographs statutes;

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

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;