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(영문) 대전지방법원 2015.01.07 2014고정1882
교통사고처리특례법위반
Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

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

Reasons

Punishment of the crime

The Defendant also driven a passenger car in B as a duty.

On August 20, 2014, the Defendant driving the above vehicle around 21:20, and driving the two-lane of the two-lanes of the two-lanes in the middle-gu Daejeon, Daejeon, along the direction of the three-lanes in the direction of the intersection between South and North Korea from the direction of the intersection between South and North Korea.

D It was made bypassing to D.

In such cases, when a person engaged in driving of a motor vehicle has reduced speed to a person engaged in driving of a motor vehicle, well sees his/her front seat well, and passes a crosswalk where pedestrians walk, he/she has a duty of care to temporarily stop in front of the crosswalk to send pedestrians first and to check the safety of pedestrians, and to prevent accidents in advance.

Nevertheless, the defendant neglected this and continues to make a right-hand turn at the same speed.

From the right side of the proceeding, the victim E (the age of 59) who crosses the crosswalk to the left side of the crosswalk is not found, and the victim's left side part of the victim's car is turned over to the road without discovering the victim E (the age of 59).

As a result, the Defendant suffered injury to the victim, such as Dam tymal tymphism, which requires treatment for about three weeks of diagnosis due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition, on-site materials, photographs, etc.;

1. E statements;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of sentencing] 20 million won or less (the decision of sentencing): Confession and reflects the fact that there is confessions and reflects the fact that a comprehensive insurance is subscribed, and circumstances unfavorable to the victim: The consent of the victim was not well seen earlier at night, but the pedestrian crossing was dried up according to the pedestrian signal.

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