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(영문) 수원지방법원 2017.04.26 2017고정541
교통사고처리특례법위반(치상)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a leisure car in Category C.

On November 7, 2016, the Defendant driven the above vehicle at around 18:10, and proceeded to turn to the right from the right 211 east on the right side, depending on the way of one-lane in the apartment complex located at 15-gil, 2518, which is located at the 2518-gil, from the right side of the port.

In this case, the crosswalk installed at the apartment management office is marked on the surface, and in such a case, the driver had a duty of care to safely drive the crosswalk and prevent accidents by safely checking whether there is a person who gets a road along the crosswalk.

Nevertheless, the Defendant neglected this and did not discover the victim D (son, 24 years old) who was a walker to the left on the right side of the road from the right side of the course to the left side of the road, and did not have the victim go beyond the road by shocking the victim to the right side of the above vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting the upper end of the upper end of the upper end, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual investigation report on traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes concerning the site and photographs of the vehicle under consideration;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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