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(영문) 전주지방법원 군산지원 2014.01.08 2013고정514
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

On April 30, 2013, the Defendant is a person engaged in driving of Chived vehicle volume, and around 85 km from the parallel road to the eth of Chived vehicle, the Defendant was driving the said vehicle on the road access road No. 27 on the eth of Chived ethic ethic eth of Chived ethic ethic ethic ethic eth

Since the restricted speed is 60 km per hour, a driver has a duty of care to prevent accidents by complying with the restricted speed and accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected the above duty of care and failed to proceed with a speed exceeding about 25 km per hour, thereby obtaining the left-hand side of the bicycle driven by the victim D (Nam, 31) crossing the road above the left-hand side of the crosswalk from the right-hand side of the proceeding direction.

The Defendant suffered by these occupational negligence the injury of the victim, such as the defluence of the upper left-hand body, which requires approximately seven weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, on-site map, evidence photograph, and medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the Defendant did not operate the speed exceeding 20 km per hour. Even if the speed exceeds 20 km per hour, there is no causal link between the negligence not complying with the speed limit and the instant accident.

2. According to each evidence submitted to this court and examined, the Defendant’s vehicle run approximately 10 km a speed of about 90 km prior to the Defendant’s collision with the Defendant’s bicycle, and the victim’s bicycle on the access road was 85 km a speed immediately before the victim’s bicycle enters the road.

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