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(영문) 대전지방법원 2016.10.13 2016고정1021
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BCA110V motorcycle.

At around 13:20 on April 23, 2016, the Defendant driven the above Oral Ba, thereby moving the intersection of the distance in front of the D convenience store in Sejong City to a speed of about 20 kilometers per hour from the Yamamamamamamy to the hump elementary school at a speed of about 20 kilometers per hour.

At the same time, there is a blind-distance intersection with yellow on-and-off signal, and there is a crosswalk without pedestrian signal, so in such a case, a person engaged in driving service has a duty of care to safely drive the road after checking whether there is a person who will live well on the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, due to the negligence of neglecting this, the Defendant did not see the victim E (at 22 years of age) to the left-hand side from the right-hand side of the marina course, and continued to run without viewing it as the victim E (at 22 years of age), and then, the Defendant saw the victim's left-hand part to the right-hand side of the delivery box that fell into the victim's left-hand part.

As a result, the defendant suffered from the injury of the above victim due to the above occupational negligence during about seven weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report, an accident site photograph, and a report on the occurrence of a traffic accident;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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