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(영문) 대구지방법원 2013.06.13 2013고단2749
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car by borrowing B.

On 18:57 on 15, 2013, the Defendant driven the above car and proceeded with the crosswalk in front of the East-gu Dong-dong, Daegu, the East-gu, the East Sea Natural Mountain Complex located in the Dong-dong, at the entrance of the village amusement park, at the speed of 20 to 30km from the direction of the East-gu.

Since there is a place where a crosswalk is installed without signal apparatus and traffic control is not carried out, there was a duty of care to check whether a person engaged in driving service is a person or not by driving slowly or temporarily stopping and to drive it.

Nevertheless, the Defendant neglected to do so and proceeded along on the left side of the way to the right side of the victim C (the age of 12) who is crossing the crosswalk, was placed on the front part of the vehicle of the Defendant.

As a result, the Defendant suffered injury to the right pelpel, which requires treatment for about eight weeks, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. The actual condition survey report;

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

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

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

1. Although the criminal liability of the defendant for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not minor, the punishment is determined as ordered in consideration of all the normal materials revealed in the trial process, such as the fact that the defendant does not want the punishment of the defendant, that the victim does not want such punishment, that the vehicle is covered by comprehensive insurance, that the defendant does not have any criminal record of the same kind or suspended execution, that the defendant does not have any criminal record of the same kind of crime or any suspended execution.

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