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(영문) 대전지방법원 홍성지원 2016.02.19 2016고정11
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is engaged in the business of driving Category C cargo vehicles.

On August 27, 2015, the Defendant, at around 14:30 on August 27, 2015, parked the said vehicle near the crosswalk at a speed of less than 10km per hour at a speed of less than 10 kilometers per hour, with the intention of Hongsung-gun, Hongsung-gun, Hongsung-gun.

In such cases, when a person engaged in driving of a motor vehicle reduces the speed, well sees the right and the right on the front side, and pedestrians are travelling along a crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk to send pedestrians first and to check the safety of pedestrians and prevent accidents in advance.

Nevertheless, the defendant neglected this and proceeded to the crosswalk, and the defendant did not discover the victim D (75 years old, female) who cross the crosswalk from the left side to the right side, and did not have the victim's back of the vehicle loaded by the defendant.

As a result, the Defendant suffered from the victim's negligence in the course of performing his duties diversous salt, cerebral salt, etc. which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. D's self-written statements;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents 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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