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(영문) 대구지방법원 2017.05.25 2017고정670
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a substitute driver, who is a driver of the vehicle B owned by the defendant at the time of the accident, and is a driver of the vehicle B on behalf of the driver.

On January 25, 2017, the Defendant driven the above vehicle around 22:10, and proceeded bypassing the crosswalks in front of the Dong Ne-distance Bank from the middle intersection to the front side of the right-side of the right-side.

A person driving a motor vehicle as his/her duties has a duty of care to temporarily stop in front of a crosswalk and protect pedestrians, if he/she safely drives a crosswalk in which traffic signals, etc. are installed, and if pedestrians walk the crosswalk, he/she has a duty of care to protect pedestrians.

Nevertheless, due to the negligence of neglecting this, the victim D (21 years old) who was crossinged from the left-hand side of the direction of the proceeding of the next year to the right-hand side of the crosswalk, was not faced with the victim D (21 years old) who was crossing in accordance with the pedestrian signals of the crosswalk, and became the victim to the left-hand side of the next year.

Ultimately, the Defendant suffered injury to cage cages that require approximately four weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to an accident scene photograph and a survey report on actual conditions;

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

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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