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(영문) 창원지방법원 2019.02.15 2019고정1
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

On October 17, 2018, the Defendant, who is engaged in driving a car B, was driving the said car on October 17, 2018, and was driving the car at the time of Kimhae-si, which was moving to the right-hand intersection of the Samnam-si, which is located in the Samnam-si, Kim Jong-si.

It is an intersection where signal, etc. is installed, and a crosswalk adjacent to the intersection is installed immediately before the right-hand, so if the signal, etc. is a red signal, and if the signal, etc. of the crosswalk is a pedestrian signal, a driver of the vehicle has a duty of care to stop the signal immediately before the crosswalk according to the signals of the front side and prevent the accident from spreading.

Nevertheless, while the Defendant neglected such duty of care and neglected and neglected, and neglected to stop on the crosswalk and immediately before the right-hand, caused pedestrian signals in the crosswalk, the Defendant took part of the victim C(WW)’s driving D SP car back, which was directly linked to the normal new line, due to the Defendant’s failure to stop on the crosswalk stop line and in violation of the signal at the right-hand. The part of the lower part of the victim C(WWW)’s driving car, which was directly linked to the normal line, was committed on the part of the front driver for the Defendant’s car.

As a result, the Defendant suffered from the victim E (Nam and 2) who took part in the damaged passenger vehicle for about a week of medical treatment, and from the injury such as catum salt, tension, etc., which requires approximately a week of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition of traffic accidents;

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

1. Article 3 (1) and the proviso to Article 3 (2) 1 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 (1) and 69 (2) of the Criminal Act to attract a workhouse;

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