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(영문) 울산지방법원 2017.03.16 2016고정1428
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On September 27, 2016, the Defendant driven the above car at around 08:15, and proceeded with the intersection of the shooting distance in front of the Young River located in 849 at the Yangsan City as the Yangsan City.

There was a crosswalk installed at the front, and the vehicle signal apparatus at the time was red signal, so the driver of the vehicle has a duty of care to stop the vehicle according to the red signals of the vehicle signal apparatus in the driver of the vehicle, and to ensure that the driver of the vehicle has a duty of care to easily check whether there is a person.

Nevertheless, the Defendant neglected to do so and proceeded along as it is, at the time, received the left-hand bridge of the victim C(7 ) who opened the crosswalk from the right-hand side of the vehicle driving direction to the left-hand side of the crosswalk according to the pedestrian signals of the crosswalk at the time.

Ultimately, the Defendant suffered injury, such as a brush at the bottom of the brupt aggregate, accompanied by a closed brush, in which approximately eight weeks of treatment is required, due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions and a map thereof;

1. All on-site photographs;

1. An investigation report (a fluor and a fluore of a black stuff);

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

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