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(영문) 광주지방법원 2016.05.26 2015고정1834
교통사고처리특례법위반
Text

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

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car i40.

On October 1, 2015, the defendant driving the above car at around 08:10 on October 1, 2015, and came to cross the two-way roads for bicycle pedestrians to enter the roadway from the Nam-gu Office Etel parking lot in Nam-gu, Gwangju.

In this case, a driver has a duty of care to temporarily stop immediately before crossing a two-way road for pedestrians and to prevent accidents in advance by crossing the road so that pedestrians do not interfere with the passage of pedestrians.

Nevertheless, the defendant neglected this and neglected to cross the combined road for bicycles and pedestrians, and got the left-hand side of the victim F (the 53 years old) who walked the road for the combined use of bicycles from the right-hand side of the defendant's running direction to the left-hand side of the victim F (the 53 years old) into the front-hand part of the defendant's car.

Ultimately, the Defendant caused the victim to suffer from the injury to the bend of the Gan-Jin-Jin-Jin-Jin-Jak, accompanied by a non-alley that requires approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes to survey reports and diagnostic certificates;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)9 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the allegation is that the instant accident place is “a combined road for bicycles and pedestrians” and does not fall under the “news report” under the Road Traffic Act, and the Defendant did not commit any negligence in violation of the crossing method in the sidewalk under Article 3(2) proviso 9 of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

On the other hand, Defendant's driving vehicles are covered by comprehensive insurance.

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