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(영문) 대구지방법원 김천지원 2015.06.11 2015고정194
교통사고처리특례법위반
Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service B, ddidi100 Oral.

On November 14, 2014, at around 17:40, the Defendant continued the front road D in Gumi-si C along four-lanes from the surface of the Gumi-galone distance to the surface of the Gumi-highest four-lane.

In such cases, where a crosswalk without signal apparatus is installed, if the defendant engaged in the driving of the motor vehicle is living well at the front seat of the motor vehicle, and the pedestrian passes the crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk to check the safety of pedestrians and to prevent accidents in advance.

Nevertheless, the defendant neglected this and continues to proceed at the same speed.

The victim E (the age of 44) who cross the crosswalk from the right side of the crosswalk to the left side of the crosswalk was taken by the Defendant's front part of the road, and the victim F (the age of 47) was turned out to the road, and again, the victim F (the age of 47) was turned out to the front part.

Ultimately, the Defendant suffered, by negligence in the above business, the injury of the victim E in detail, such as cerebral alky in need of treatment for about three weeks, and the injury of the shoulder and the typ of the arms that require treatment for about two weeks to the victim F, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. A written statement;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts, Article 268 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment specified for a crime against victims E with heavy penalty);

1. Selection of an alternative fine for punishment;

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

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

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