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(영문) 대구지방법원 김천지원 2015.08.12 2015고단631
교통사고처리특례법위반
Text

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

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 CTS125.

On April 30, 2015, the Defendant driven the above Oralab on April 22, 2015, and led the roads prior to the Sinsi-dong, Dong-dong, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, Seoul to proceed.

There are crosswalks where signal lights are installed on the front door, so in such cases, there was a duty of care to confirm whether a person engaged in driving service is a person who renders a way to reduce the speed and to check well the right and the right and the right and the right and the right and the right and the duty of care to drive safely.

Nevertheless, the Defendant neglected this and got the victim D(53 years old) who opened the crosswalk to port from the right side of the Defendant’s moving direction to the right side of the front part of the Defendant’s driving direction due to the negligence of the Defendant’s neglecting and driving in contravention of the signal.

After all, the Defendant suffered injury to the victim D due to the above occupational negligence, such as 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, on-site photographs, actual survey report, and photographs;

1. Application of each written diagnosis (D) statute;

1. Article 3(1), the proviso to Article 3(2)1, and Article 3(1)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act (the selection of fines: the occurrence of serious injuries to the victim, etc.), but the case is not minor, such as the occurrence of serious injuries to the victim, the primary crime, in which the defendant has no record of criminal punishment against him/her, the age, character and conduct, environment, etc. of the defendant);

1. Articles 70 (1) 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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