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(영문) 수원지방법원 2020.06.11 2020고정539
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a two-wheeled motor vehicle B.

At around 21:10 on January 7, 2020, the Defendant driven the above two-wheeled vehicle, leading to the intersection of the Slock High School, which is located in 126 in the Geumwon-gu, Geumwon-si, Suwon-si, from C’s datum to D elementary school.

In this case, the driver of a motor vehicle has a duty of care to safely proceed with a crosswalk by checking the right and the right of the front side of the motor vehicle and checking whether the driver of the motor vehicle has a pedestrian who is in charge of driving the motor vehicle, while the driver has a duty of care to safely proceed in accordance with the new code.

Nevertheless, the defendant neglected this and got the victim E, who dried a crosswalk from the right side to the left side in accordance with the motor vehicle stop pedestrian signal by negligence in contravention of the motor vehicle stop signal, to go beyond the road, with the front wheels of the above two-wheeled vehicle driving.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about three weeks by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused;

1. A written statement prepared by E;

1. Application of Acts and subordinate statutes to a traffic accident report, accident site photograph, case-related photograph, and medical certificate;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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