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(영문) 대전지방법원 2013.03.15 2013고정228
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a wing and cargo vehicle B.

On December 17, 2012, at around 07:25, the Defendant, using one lane in front of the freezing parts in the Daejeon East-gu Samsungdong, was proceeding at a speed of about 50 KNW from the direction of Hongdo to the direction of Samsung East-dong, at a speed of about 50 KNW.

Since a crosswalk is installed at the same time, in such cases, a person engaged in driving a motor vehicle has the duty of care to prevent accidents in advance by safely proceeding along with checking whether there is a pedestrian in the crosswalk, such as temporary suspension, etc., and whether there is a pedestrian.

Nevertheless, the Defendant neglected to do so and went along the above crosswalk from the right-hand side of the course to the left-hand side, and was the victim C (in this case, 60 years old) at the center line, and the front-hand side of the vehicle driving by the Defendant.

As a result, the Defendant suffered injury, such as “the bones of the bones,” etc., from the victim’s occupational negligence for about 10 weeks, and the victim D (one year old), who was working for the victim, for about two weeks of medical treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

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

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