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(영문) 광주지방법원 장흥지원 2014.04.17 2013고단107
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in the driving of modern gallons and automobiles.

On December 13, 2012, the Defendant operated a car with the above gallon on December 18, 2012, and led to the crossing of the gallon distance in the same gallon of Gangnam-gu, Gangwon-do, Gangwon-do to the Gangwon-do Office of Education in the same Gun/Dong.

Since the traffic control is conducted according to the signals of signal apparatus and the passage of the person with a crosswalk is frequent, the person engaged in driving of the motor vehicle had the duty of care to prevent the traffic accident by safely driving according to the signals of signal apparatus.

Nevertheless, the Defendant neglected this and did not discover the victim D (30 years of age) who walked on the right side of the crosswalk from the left side of the crosswalk in accordance with pedestrian signals, even though the signal has been changed to the stop signal of the vehicle, and did not find out the victim D (30 years of age) who walked on the right side of the above gallon road.

As a result, the Defendant suffered from the victim’s occupational negligence, such as the first bones of dyke, which requires approximately four weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A traffic accident report, an investigation report (related to the CDing of accidents), an investigation report (limited to reference materials);

1. A written diagnosis on D;

1. Application of Acts and subordinate statutes to accident photographs and field inspection photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

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

1. The defendant and his defense counsel regarding the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act, although the defendant violated the signal as stated in the facts charged, the victim did not cross the crosswalk at the time, and therefore the location of the accident is above the crosswalk.

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