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(영문) 대전지방법원 2013.07.17 2012고정2102
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

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 of C-Vehicles.

On June 14, 2012, at around 11:00, the Defendant got off the street from the intersection of the Jaildong-dong in Daejeon Seodong-gu to the intersection third distance from the direction of the intersection distance.

In this case, since the pedestrian signal was in operation, there was a duty of care to make bypass only after checking the absence of a vehicle that is being done in accordance with the new code in the direction that the driver of the vehicle temporarily stops.

Nevertheless, the Defendant, by negligence by disregarding pedestrian signal and by negligence bypassing it as it is, led the victim D (Nam, 23 years old) who is driven by the victim D (ma), who is driving from the middle distance from the middle distance from the middle distance to the intersection of the intersection, to the intersection of the intersection, was shocked by the front part of the left-hand part of the vehicle driven by the Defendant.

As a result, the victim suffered injury such as salt, tension, etc. of the bones of wood that requires medical treatment for about two weeks, and injury to the victim F (F, South and 62 years of age) who is the passenger of the driver's vehicle, for about three weeks of medical treatment.

Summary of Evidence

1. Each legal statement of witness D and G;

1. Each police officer's statement about D and G;

1. The actual condition of traffic accidents;

1. A medical certificate;

1. Application of investigation reports (general Acts and subordinate statutes);

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 (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims F with heavy judgment);

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. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged accident of this case is a pedestrian signal of the defendant.

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