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(영문) 대구지방법원 2020.06.17 2020고정308
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives GTS125 Oba as his duties.

On September 14, 2019, the Defendant driven the above vehicle around 14:18, and driven the crosswalk between the Daegu Dong-gu C apartment and D apartment, toward the F apartment side on the opposite side.

At the time, there is a crosswalk in which signal lights are installed at the front.

In such a case, the driver of a motor vehicle has a duty of care to temporarily stop in front of the crosswalk so as not to obstruct or endanger the passage of the pedestrian, while driving the motor vehicle in accordance with the traffic signal, and to safely drive the motor vehicle according to the traffic signal, and when the pedestrian passes the crosswalk, he/she has a duty of care to prevent the accident in advance.

Nevertheless, the Defendant neglected this, while proceeding in violation of the signal even though the signal was a stop signal, and had the victim G (V, 63 years old) crossing the crosswalk from the left side of the direction of the defendant's proceeding to the right side of the pedestrian signal go beyond the front part of the vehicle.

In the above occupational negligence, the victim G suffered injury, such as T 12, L3, 4, and 5 parts of T 12, L3, 4, and 5, which require approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of G traffic accidents;

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

1. Reports on internal investigation and reports on investigation;

1. Application of statutes on site photographs;

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

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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