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(영문) 제주지방법원 2013.06.12 2013고단510
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person engaging in driving a ready-light vehicle C.

On October 15, 2012, the Defendant driven the above car at around 05:40 on October 15, 2012, and led to a three-lane road in front of the outer elementary school located in the east-si in Jeju-si, the two-lane from the east-dong bank to the lower west-do bank.

On the one hand, there is a crosswalk where signal lights are installed, so it is necessary to confirm whether a person engaged in driving of a motor vehicle is a person to reduce the speed for the person engaged in driving of the motor vehicle and to see the road well, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed while the signal is changed to the stop signal, and found the victim D (23 years old) who cross the crosswalk from the right side of the Defendant’s vehicle to the left side in accordance with the pedestrian signals, and operated the crosswalk rapidly to avoid this. However, the Defendant did not avoid the situation and caused the victim’s body part to go beyond the ground by taking the front part of the said vehicle.

Ultimately, the Defendant suffered the victim’s 10 weeks of medical treatment due to the foregoing occupational negligence, such as the surgery and the pelvis.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. On-site photographs;

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 Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, 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 of Article 334(1) of the Criminal Procedure Act on the provisional payment order is that the Defendant’s negligence is more severe, and the result therefrom cannot be said to be minor.

However, the defendant has led to confession of his own negligence, his depth is divided, and he has agreed with the victim.

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