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(영문) 대구지방법원 서부지원 2015.10.30 2015고단882
교통사고처리특례법위반
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service B 125cc.

At around 20:20 on April 12, 2015, the Defendant driven the above Oralba, and continued to drive the front of the third apartment zone, located in the Yegdong-gu, Seogu, Daegu, with about 50km in the speed of the National Pension Corporation, from the view of the width of the public procurement office to the view of the distance of the pension public corporation.

At the time, she was placed at a crosswalk where a signal was installed, so it was confirmed whether a person engaged in driving service has a duty of care to reduce the speed and to see well the front door, while driving safely according to the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected this and found the victim C (the age of 11) who entered the crosswalk from the right side to the left side of the crosswalk in accordance with the pedestrian signals by negligence that continued to proceed at the same speed even though the signal is changed to the stop signal, and subsequently discovered the victim C (the age of 11) who entered the crosswalk from the right side, and received the victim's body part on the right side of the Defendant's ozone part.

Ultimately, the Defendant suffered injury, such as duplicating fage of cuplicage, which requires approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. The actual survey report on traffic accidents;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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