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(영문) 대구지방법원 서부지원 2016.11.04 2016고정834
교통사고처리특례법위반(치상)
Text

A defendant shall be punished by a fine of 500,000 won.

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 service of a motor vehicle B, which is used as a driver of a motor vehicle B.

On August 11, 2016, the Defendant driven the said motor vehicle as its duties around 17:00, and got the four-distance intersection from the D convenience point located in Daegu-gun C from the direction of the erogic lusium, to the Daegu-siwon.

If there are pedestrians who walk a crosswalk above the street crossing without signal lights, the driver of the motor vehicle shall not temporarily stop in front of the crosswalk in order to prevent or endanger the passage of the pedestrian, if the pedestrian is traveling along the crosswalk because the driver of the motor vehicle is well examined the right and the right at the right and the right.

Nevertheless, the Defendant neglected to do so and makes it a right-hand.

On the left side of the course, the victim E (n, 48 years old) who is travelling along the crosswalk is not found and is bypass as is.

Therefore, the victim has lost the center of play, and the defendant's driver's kn's kn's kn's kn's kn's kn'

As a result, the Defendant suffered injury to the right hand knife, which requires stability and medical treatment within two weeks of diagnosis due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

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

1. Application of Acts and subordinate statutes on accident site photographs;

1. Relevant legal provisions concerning facts constituting an offense, 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 According to the Selection of Punishment, and Article 268

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

1. Although Article 344(1) of the Criminal Procedure Act provides that the degree of negligence of a defendant cannot be deemed to be less severe due to an accident against a pedestrian on a crosswalk, the defendant has long no record of criminal punishment except for a fine imposed twice due to a violation of the former Road Traffic Act, and at the time of the instant case.

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