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(영문) 광주지방법원 2018.06.28 2018고단982
교통사고처리특례법위반(치상)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a CF car.

On February 13, 2018, the Defendant driving the upper vehicle at around 07:30 on February 13, 2018, led to the driving of the upper monthly salary of Gwangju Mine 99, and the first lane of the three lanes in front of veterans hospitals, from the IC on the mountain to the high-tech intersection.

At that time, there was a crosswalk in which signal lights are installed on the front door, so in such a case, if a person engaged in driving of a motor vehicle is well sees the front and rear left and right of the motor vehicle, and pedestrians are passing along the crosswalk, they shall temporarily stop in front of the crosswalk so as not to obstruct or endanger the passage of pedestrians, thereby sending pedestrians first, and have a duty of care to prevent accidents in advance by driving safely in accordance with the traffic signals.

Nevertheless, due to the negligence carried out as it was in red signals in violation of the above duty of care, Defendant D (Woo, 35 years old) was taken from the right side of the defendant's driving direction to the left side of the defendant as part of the victim D (Woo, 35 years old) in front part of the above passenger vehicle of the defendant, and suffered damage to the victim's blood slives, external fral frals/ the outer side frals, which requires about 10 weeks medical treatment.

Summary of Evidence

1. The defendant's legal statement (the third public trial date);

1. Written statements of D;

1. A survey report on actual conditions;

1. Investigative reports (to hear statements from victims);

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions of the relevant criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act, Article 268 of the Criminal Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the instant traffic accident on the ground of the sentencing of the instant order for provisional payment is that the Defendant’s negligence was caused by the violation of signal and the duty to protect pedestrians on the crosswalks, and the degree of injury to the victim.

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