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(영문) 의정부지방법원 고양지원 2013.12.12 2013고정1671
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 July 29, 2013, the Defendant driven a B Mtez car on July 15, 2015:20, and led the Defendant to drive a two-lane road in front of the new village33, which is located in the Sinsan-gu Busan Metropolitan City, Seoyang-gu, Busan Metropolitan City, along the one-lane road from the upstream of the mountainous district to the mountain village.

Since a crosswalk is installed on the front side, there was a duty of care to check whether a person engaged in driving service has a road to reduce speed and to check the front side and the left side well, and to drive safely.

Nevertheless, the defendant neglected to do so and passed the crosswalk as it is, by negligence, received the front portion of the passenger car of the victim C (the age of 78) who crosses the crosswalk from the right side to the left side.

As a result, the Defendant suffered injury to the victim, such as the two traumas, which require approximately six weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition of traffic accidents;

1. A traffic accident occurrence report;

1. Vehicle photographs on the accident site;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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