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(영문) 제주지방법원 2015.04.15 2015고단212
교통사고처리특례법위반
Text

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

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 low-est car.

On November 19, 2014, the Defendant driven the above car at around 20:20 on November 19, 2014, and the water flow distance prior to the Daedo-do-2 Dong at the time of Jeju was driven by the front door of the Jeju East Police Station at the shooting distance of the transformation station.

At night and at night, a crosswalk is installed on the front side of the vehicle. In such a case, when a person engaged in driving the vehicle drives the crosswalk is able to reduce the speed of the vehicle, and if a pedestrian passes the crosswalk well, he/she shall temporarily stop in front of the crosswalk, check the safety of the pedestrian, send the pedestrian first, and proceed, and neglect his/her duty to prevent the accident in advance, while neglecting his/her duty to do so, stated the crosswalk to the port from the right side of the vehicle in the indictment as “on the left side”; however, according to the prosecutor’s protocol of statement to C and the yellow survey, the victim may recognize the fact that he/she left the crosswalk to the port from the right side of the vehicle of the defendant, and even if recognizing the above criminal facts, it is judged that the victim did not actually disadvantage the defendant’s exercise of his/her right to defense. Thus, the criminal

The victim C(n, 35 years of age) who was crossinged was shocked by the front part of the vehicle, and suffered injury, such as the left-hand pelel for about six weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the prosecution against C;

1. The actual condition survey report;

1. A comprehensive analysis of traffic accidents;

1. A general medical certificate;

1. Application of the relevant Acts and subordinate statutes to related photographs and field map;

1. Although the Defendant asserts that the instant accident is not an accident at a crosswalk, Article 3(1) and the proviso of Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 268 of the Criminal Act regarding criminal facts.

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