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(영문) 대구지방법원 2013.09.05 2013고정1977
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of five 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 driver of the BP car.

At around 16:10 on May 3, 2013, the Defendant driven the above vehicle and proceeded ahead of a boomed restaurant with Dogsan-dong, Masan-si, in the direction of the Sinsan-si.

Since the place is in which a crosswalk is installed, there was a duty of care to temporarily stop in front of the crosswalk in order to prevent pedestrians from hindering or endangering the crossing.

Nevertheless, the Defendant did not discover, by negligence, pedestrians C (10 years of age) who are travelling along a crosswalk to the right-hand cafeteria at the right-hand side of the intersection in the direction of the marina course, and received pedestrians from the front side of the Defendant’s motor vehicle.

As a result, the Defendant suffered injury to the victim C by the above occupational negligence during the period of 14 weeks of the treatment date.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. The actual condition survey report;

1. A medical certificate;

1. Application of statutes on site photographs;

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 Relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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