(영문) 대구지방법원 2014.05.15 2014고단679

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(영문) 대구지방법원 2014.05.15 2014고단679

교통사고처리특례법위반

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Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car BM520.

On October 30, 2013, the Defendant driven the above car at around 22:39, and led the road on which the crosswalk was installed in the direction of the yellow-distance from the direction of the yellow-distance.

Since there is a crosswalk where a signal, etc. is installed, a person engaged in driving motor vehicles has a duty of care to safely pass the crosswalk by living well on the front side and the left side according to the new code.

Nevertheless, as the Defendant neglected this and allowed the vehicle to enter the crosswalk, the Defendant received the left-hand knee part of the victim C (the age of 15) who crosses the crosswalk from the left-hand side of the running direction of the Defendant to the right-hand side of the crosswalk in accordance with the new subparagraph.

The Defendant suffered injury to the victim due to the occupational negligence, such as an injury to the left-hand aggregates, which requires approximately five weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each investigation report (to have telephone conversationss);

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order requires a corresponding punishment in light of the fact that the defendant caused the instant accident in violation of signal at the crosswalk and did not reach an agreement with the victim, etc. However, the defendant is against the instant crime, the vehicle of this case is covered by the comprehensive insurance, the defendant is an initial offender who has no record of criminal punishment, the age, character and conduct, intelligence and environment, and the crime of this case.

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