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(영문) 대전지방법원 서산지원 2014.02.20 2013고정238
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a liquid sports cargo vehicle B.

On March 25, 2013, the Defendant driven the above vehicle at around 17:30 on March 25, 2013, and led to the left turn from the original village apartment to the terminal.

In this case, if a pedestrian passes a crosswalk, a person engaged in driving service has a duty of care to stop temporarily in front of the crosswalk so as not to obstruct or endanger the crossing of the pedestrian.

Nevertheless, by negligence, the victim C (the age of 80, female) who was crossing the crosswalk from the green apartment to the original village apartment at the crosswalk was shocked as the front part of the above vehicle.

The Defendant suffered injury to the victim C by occupational negligence, such as “the frame, closure, etc. of the ductal dulle dunes on the left side,” which requires approximately 10 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Each photograph;

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 concerning Criminal Facts, Article 268 of the Criminal Act;

1. Selection of a selective fine for punishment (including the fact that an agreement has been reached with the victim and that the agreement is contradictory);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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