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(영문) 수원지방법원 2014.04.16 2014고단339
교통사고처리특례법위반
Text

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

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 a SP car.

On December 22, 2013, the Defendant driven the above vehicle at around 09:15 on December 22, 2013, and was going to proceed by leaving and bypassing the village apartment located in the village and apartment located in the direction of the Sinnam-Eup at the time of harmony.

Since there is a road installed at a crosswalk in the front of the road, if a person engaged in driving a motor vehicle drives the road with a speed reducing the speed of the motor vehicle and a pedestrian passes the crosswalk, he/she has the duty of care to temporarily stop in front of the crosswalk to check the safety of pedestrians and to prevent accidents in advance.

Nevertheless, the Defendant neglected his duty of care and did not properly perform his duty of care and did not discover the victim C who walked on the crosswalk in the right side from the left side of the running direction of the Defendant’s vehicle to the right side of the crosswalk, and received the front side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the left 11 week of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Statement of D police statement;

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

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

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;

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