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(영문) 수원지방법원 안산지원 2014.04.30 2014고단511
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

On February 2, 2014, at around 11:40, the Defendant driven a B rocketing taxi vehicle and proceeded along the center located in the iron shot-dong in light of the length of light along five-lanes from the boundary of the steel basin to the luminous elementary school.

Since the place has a crosswalk where a signal, etc. is installed, there was a duty of care to check whether a person engaged in driving service has a way to see well the right and the right of the road, and to drive safely in accordance with the new subparagraph.

Nevertheless, when the vehicle's progress signal is a stop signal, the victim C's bicycle, which was standing a bicycle on the right side of the defendant's proceeding direction, was put in front of the defendant's vehicle by negligence.

As a result, the Defendant suffered injury to the victim, such as the bones, bones, etc., which requires approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (to hear statements of victims C and report telephone recording);

1. The actual condition survey report;

1. Photographs of the accident site and photograph of the accident site;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case for sentencing reasons under Article 334(1) of the Criminal Procedure Act is a case where the defendant is shocking the victim who gets on a bicycle or crosswalk while driving in violation of the signal, and the degree of the victim's injury is relatively heavy, etc., and the defendant recognizes the crime of this case and reflects his mistake in depth, the victim does not want punishment against the defendant, and the defendant is admitted to the mutual aid association of the defendant's vehicle, and there is no penal power against the defendant.

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