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(영문) 청주지방법원 영동지원 2021.03.25 2021고정2
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a B-B truck.

On October 30, 2020, the Defendant driven the above vehicle on October 14:15, 2020, and continued to drive it bypassing the Cyang distance intersection, located in 1089, Sincheon-ro, Mancheon-gun, Mancheon-gun, Mancheon-gun, Sincheon-do.

At that time, a crosswalk with signal apparatus is installed. In such a case, when a pedestrian passes the crosswalk by reducing the speed of the driver of the vehicle, and taking into account well the right and the right of the road, the driver of the vehicle has a duty of care to temporarily stop in front of the crosswalk so that the pedestrian can first walk and ensure safety, and to prevent the accident in advance.

Nevertheless, the Defendant neglected to perform the above duty of care and neglected to perform the duty of care and thereby caused the victim C (the 47 years old) who dried the crosswalk to the left side of the direction of the course by negligence and thereby caused the victim C (the 47 years old) to the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim who passed the crosswalk due to the foregoing occupational negligence, such as salt, tension, etc. in the part where it is necessary to provide approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation (victim C telephone communications);

1. Report on the occurrence of a traffic accident (on the actual survey report, rough map, etc.) and vehicle booms video CDs;

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

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

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

1. The traffic accident of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is caused by negligence of violating the duty to protect pedestrians in the crosswalk where the defendant is installed.

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