(영문) 대구지방법원 2013.06.27 2013고단2711

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(영문) 대구지방법원 2013.06.27 2013고단2711

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM7 car.

On February 4, 2013, at 21:15, the Defendant moved to the direction from the 2nd military headquarters the intersection of filial trees, which is located in the direction of the Daegu Suwon-gu Mangyeong-gu, at a sloping speed.

At the time, crosswalks are installed on the front of the road. In such a case, the driver of the motor vehicle had a duty of care to reduce the speed of the motor vehicle before making the right-hand and to check the signal of the crosswalk and to check the signal of the crosswalk, and to prevent the accident from spreading.

Nevertheless, the Defendant neglected to stop on the front side, and caused the Defendant to go beyond the floor by taking the part of the victim C (the 62 years old) left side side of the crosswalk to the left side of the direction of the Defendant’s walk according to the pedestrian signal on the above crosswalk as he was negligent in driving the front side of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as a felball on the left-hand side in need of medical treatment for about 10 weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. The actual condition survey report;

1. A medical certificate;

1. An accident site photograph;

1. Application of photographic Acts and subordinate statutes by cutting booms of vehicles;

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. Although the sentencing of Article 334(1) of the Criminal Procedure Act is limited to the defendant's responsibility for the reason of sentencing of the provisional payment order, the fact that the defendant seriously reflects the defendant, that the victim does not want the punishment of the defendant, that the vehicle is covered by comprehensive insurance, and that the defendant is subject to criminal punishment.

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