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(영문) 광주지방법원 장흥지원 2013.10.17 2013고단150
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person engaging in driving a Cbee or a car.

On April 13, 2013, the Defendant was driving the said vehicle on the front of the class pharmacy located in the Yari-gu, Yari-gu, Yari-gu, Yari-gun, and turn to the left at the front of the front of the class pharmacy.

There is a place where a crosswalk without signal lights is installed, and at the time there is a pedestrian crossing the crosswalk, so there was a duty of care to protect pedestrians who are engaged in driving of the vehicle by living well in the front door and by protecting pedestrians who are crossing.

Nevertheless, the Defendant neglected to do so and went beyond the ground by using the crosswalk from the side of the entrance pharmacy to the parallel of the head of Heung-Gun Office, leading the victim D (the age of 82) who was crossing the road, to the front part of the Defendant’s vehicle.

The Defendant inflicted an injury on the victim by negligence in the course of business as above, such as the 16 weeks right-hand pelle of the first underwater pelle, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A written diagnosis on D;

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

1. Application of traffic accident evidence examination and photographing statutes;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not less severe for the defendant's negligence, and the degree of injury to the victim is considerably significant. However, the fact that the defendant is the first offender who has no criminal power, the fact that the defendant was committing an offense, and that the victim was aged and was in a position that is not easily entering the defendant's view at the time of the accident, should be considered in determining the degree of injury to the victim and the degree of negligence of the defendant.

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