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(영문) 광주지방법원 2016.04.07 2016고정447
교통사고처리특례법위반
Text

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

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed car.

On December 1, 2015, the Defendant driven the above car at around 13:00 and proceeded ahead of a mine terminal in Young-gu, Young-gun, Young-gu, Young-gu, Namcheon-do toward the distance of terminal shooting distance from the south of Young-gu.

In this case, there was a duty of care to confirm whether a person engaged in driving service is a person standing a crosswalk by reducing the speed and by properly examining the right and the right of the road, and to safely drive the crosswalk.

Nevertheless, the defendant neglected to do so and proceeded on the right side of the defendant's proceeding, which caused the injured party to go beyond the road, by shocking the left side of the victim D (the age of 54) who was standing the crosswalk from the right side of the defendant's proceeding to the left side.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of traffic accident reports, copies of diagnosis reports, and statutes governing field photographs of traffic accidents;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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