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(영문) 청주지방법원 영동지원 2020.03.26 2019고정35
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

The Defendant is a person who drives a rocketing passenger car.

On September 28, 2019, the Defendant driven the above vehicle around 20:01, and proceeded with the intersection C in front of the Chungcheongbuk-gun, Chungcheongnam-do, at a visible distance from the chilling plane, to the aesthetic speed.

At the same time, a crosswalk without signal lights is installed, so the driver of the motor vehicle has a duty of care to temporarily stop in front of the crosswalk so as not to obstruct the crossing of the pedestrian when the pedestrian is traveling along the crosswalk, and prevent the accident in advance.

Nevertheless, while the defendant neglected to stop at a different speed, the defendant found the victim D (n, 55 years old) who cross the crosswalk to the right side of the road from the left side of the defendant's running direction late, and operated a brake, but did not stop, and received the victim's right side by the front part of the motor vehicle of the defendant.

As a result, the Defendant suffered injury, such as the pelpelman’s pelle, which requires approximately six weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the victim;

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

1. Application of Acts and subordinate statutes to report internal investigation (case outline, etc.);

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment was known to the Defendant, as a taxi driver, that the instant traffic accident occurred, and the victim was mostly governance of the crosswalk before the Defendant passes through the intersection. The crosswalk in which the instant traffic accident occurred is limited to the crosswalk.

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