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(영문) 울산지방법원 2013.05.10 2013고정146
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who drives a Grand Co., Ltd. as his duties.

On 19:30 on 23, 2012, the Defendant came to turn to the left at a speed of about 20 kilometers from the her constitution towards the visual tower at a speed of about 19:20 kilometers from the direction of the visible-gu, Ulsan-gu.

At all times, there was a crosswalk without signal lights.

In such cases, when a person engaged in driving of a motor vehicle reduces speed to a person engaged in driving of a motor vehicle, takes the right and right well, and a pedestrian passes a crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk to check the safety of pedestrians and to prevent accidents in advance.

Nevertheless, the defendant is negligent in doing so.

The victim D (the age of 37) who has cross the crosswalk from the right side to the left side was not found, and the part of the front part was shocked to the left side of the victim.

Accordingly, the defendant suffered from the victim's negligence in the course of business about 2 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police officers and prosecutor's protocol of statement concerning D;

1. A survey report on actual conditions, on-site photographs, and medical certificate;

1. Mobile phone messages E by the witness E;

1. Application of Acts and subordinate statutes to report on investigation (revision of the map at the scene of an accident, and hearing statements of the receiver of the report of the insurance company);

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

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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