(영문) 대구지방법원 2014.03.27 2014고단401

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(영문) 대구지방법원 2014.03.27 2014고단401

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Around 18:00 on October 10, 2013, the Defendant was a driver of Chived vehicle, and the Defendant was driving the Chived vehicle in front of the Chived motor vehicle located in the Chived motor vehicle located in the direction of the Cheongdo Elementary School in the vicinity of the Chive Apartment Zone 879-18.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service has a road to reduce speed and to see well the right and the right and the right and the right of the road, and to safely drive it.

Nevertheless, due to negligence of neglecting this, the body of the victim D (ma, 52 years old) who opened the crosswalk on the right side of the vehicle moving from the right side of the respondent's moving direction was received as the front part of the vehicle.

Ultimately, due to its shock, the victim suffered from the injury of a dog flag that requires medical treatment for about 8 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order caused the instant accident in violation of the duty to protect pedestrians at the crosswalk and thereby caused the injury of the victim. However, the Defendant agreed smoothly with the victim, which has no record of punishment heavier than the suspension of execution, and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and other various reasons for sentencing as shown in the pleadings of the instant case, including circumstances after the crime, shall be determined as ordered in consideration of the following factors.

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