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(영문) 대구지방법원 2013.05.08 2013고정470
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of three million won.

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 is engaged in driving vehicles B for New Zealands.

On September 25, 2012, the Defendant driven the above vehicle around 18:00, and proceeded at a speed of about 40 km per hour in accordance with the direction of the flow distance from the port side of the north-gu, Dong-gu to the three-lane road in front of the Do-do Do-ro construction site in the Do-gu, Daegu-gu, Daegu-dong.

There are crosswalks where signal lights are installed at each front.

In such cases, the driver of a motor vehicle has a duty of care to check whether there is a person who gets on the way to reduce speed and see well the right and the right of the road, and to prevent the accident in advance by driving safely according to the traffic signal.

Nevertheless, even though the Defendant neglected to do so and the signal was changed to a stop signal, the Defendant continues to proceed at the same speed in violation of the signal.

From the right side of the proceeding direction, the part of the back wheels of the victim C (Nam, 75 years old) who was driving on the crosswalk, a pedestrian who gets on the left side of the road in accordance with the pedestrian signals, was collisioned with the front part of the driving vehicle of the defendant.

As a result, the defendant suffered an injury that requires about 10 weeks of medical treatment from the victim due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Investigation report (as to attachment of photographs at the scene of the accident), investigation report (as to attachment of medical certificate), and the application of the statute

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

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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