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(영문) 대구지방법원 포항지원 2016.04.20 2016고정15
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a rocketing car.

On October 08, 2015, the Defendant driven the above car at around 05:53 on October 08, 2015, and led to the left-hand turn to the right-hand turn at the right-hand side of the dispatching 68th crosswalk at the right-hand crossing at the right-hand port.

In this case, the driver of the motor vehicle had a duty of care to prevent pedestrian accidents by temporarily stopping the front line of the crosswalk and driving the motor vehicle safely. The driver of the motor vehicle had a duty of care to prevent pedestrian accidents.

Nevertheless, the Defendant neglected to do so, and subsequently discovered the victim C (e.g., 75 years old) who was crossing the left-hand side from the right-hand side of the course at that time, and operated it late, but the Defendant did not avoid it, but did not go beyond the road by shocking the part of the victim's driver's driver's car.

As a result, the Defendant suffered injury to the victim, such as the Defendant’s 12-day therapy, which requires approximately twelve weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a traffic accident report, on-site photograph of a traffic accident, and investigation report on actual traffic accidents;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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