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(영문) 대구지방법원 2013.08.22 2013고단3076
교통사고처리특례법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a racing vehicle B.

On April 2, 2013, the Defendant driven the above van at a speed of 17:40 on April 2, 2013, and led to the front of the Parisbrate, which is located in Young-si, Young-si.

Since there is a place where a crosswalk is installed without signal apparatus and traffic control is not carried out, there was a duty of care to check whether a person engaged in driving service is a person or not by driving slowly or temporarily stopping and to drive it.

Nevertheless, the Defendant neglected this and got the victim C (the 55 years old) who is crossing the crosswalk to the right side from the left side of the fruit masting direction, and was in front of the knife of the Defendant’s knife.

Ultimately, the Defendant suffered brain injury, etc., which requires approximately six weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. The actual condition survey report;

1. On-site photographs;

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 Facts constituting an offense, and Article 268 of the Criminal Act;

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

1. Although the criminal liability of the defendant for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not minor, the punishment shall be determined as ordered in consideration of all the normal data revealed in the trial process, such as the fact that the victim does not want the punishment of the defendant, that the vehicle is covered by a comprehensive insurance, that the defendant's age and occupation are included in the comprehensive insurance, etc.

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