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(영문) 전주지방법원 군산지원 2015.05.13 2015고단86
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a leisure car B.

On December 23, 2014, around 17:55 on December 23, 2014, the Defendant proceeded at the front of D, which is located in Gunsan City C, at approximately 50 km per hour according to three-lanes of speed, from the etran bank to the etran bank distance.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service has a road to reduce speed and to see 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 to do so and proceeded as it was due to negligence, which led to the failure of the Defendant, brought the victim E (the age of 82) walking along the crosswalk to the right-hand side from the right-hand side of the proceeding direction into the front-hand part of the said Le-Ja car.

Ultimately, the Defendant suffered injury to the victim, such as double-duplicating the right, which requires approximately eight weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A medical certificate;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the following: (a) the defendant committed a crime; (b) the victim does not punish the defendant; (c) the defendant is the primary offender; and (d) the defendant appears to have taken out a comprehensive motor vehicle insurance policy and sufficient damage recovery; (b) the sentencing conditions favorable to the defendant; (c) the defendant has significant responsibility for conflicting the victim walking along the crosswalk; and (d) the degree of the victim's injury is not easy; and (e) the sentencing conditions unfavorable to the defendant, such as the defendant's age, character and behavior, environment;

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