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(영문) 전주지방법원 2015.03.31 2015고단36
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On December 10, 2014, the Defendant driven the CM3 car with work around 20:28, and was driving the CM3 car in front of the Jinjin-gu Seoul Metropolitan City as the front unit of the D in the previous week, thereby driving the CM3 car in front of the Gu.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to safely drive a motor vehicle, such as checking whether a person engaged in driving the motor vehicle has a duty of care to safely drive the motor vehicle, such as reducing the speed and checking well the front left.

Nevertheless, by neglecting this, the Defendant did not find out the victim E (the age of 51) crossing the crosswalk from the right side of the defendant's running direction to the left side, and received the victim as the front part of the vehicle of the defendant.

The Defendant suffered injury to the victim, such as a balone-time therapy, which requires approximately eight weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report, traffic accident occurrence report, and on-site photographs;

1. Application of the legislation in its opinion;

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

1. The crime of this case is not exceptionally applied in that the defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, violated the duty to protect pedestrians, and thereby, inflicted serious bodily injury on the victim.

However, the defendant is a person who has no previous record, is seriously against the defendant, and the victim has agreed to do so, as well as the victim's smooth consent, and the defendant currently works as a contract worker at the Agricultural Products Quality Control Board, and if he is sentenced to a sentence of imprisonment due to this case, the reason for dismissal is inevitable.

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