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(영문) 창원지방법원 진주지원 2013.06.12 2013고정8

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a Clearning car.

At around 11:00 on August 19, 2012, the Defendant driven the above vehicle and proceeded ahead of the road in front of the kin-dong, Jin-si, Jin-si, with MFC string off from the Gyeong-gu, Jin-si, to two-lanes at an insular speed.

At the front of the road, crosswalks are installed, and the victim D (n, 13 years old) is passing along the crosswalks. In such a case, the defendant, who is engaged in driving of the motor vehicle, has a duty of care to temporarily stop in front of the crosswalk and safely drive the motor vehicle so as not to obstruct or endanger the traffic of pedestrians.

Nevertheless, the defendant neglected this and got the victim walking the crosswalk to the right side on the left side of the proceeding direction by his negligence, which led the victim to walking the crosswalk to go beyond the ground.

As a result, the Defendant suffered from the above occupational negligence that the victim suffered two joints to the right side and the right side column, which require approximately six weeks of treatment.

Summary of Evidence

1. Legal statement of witness E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Application of traffic accident scenes and vehicle photographs-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Articles 70 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;