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(영문) 대전지방법원 2015.09.23 2015고정1192
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

On April 24, 2015, the Defendant driving Cpoter 2 truck on April 10:45, 2015, while crossing the sidewalk at the entrance of the oil station located in Daejeon Seo-gu, Daejeon, caused injury to the victim, such as satisfaction of the left part of the victim F (M, 73 years old) who passed the said report, by making the victim's left part of the said report (M, 73 years old) go with the front part of the said truck, thereby causing about six weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of the F;

1. An initial operation plan at the site of a traffic accident and a report on a traffic accident;

1. Four copies of an accident site photograph;

1. Application of Acts and subordinate statutes of the medical certificate (F);

1. Relevant legal provisions concerning facts constituting an offense, 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the defendant and his defense counsel temporarily temporarily examined the left-hand side and the right-hand side before the defendant crosses the sidewalk, but the front-way vehicle stops and stops in the sidewalk, and conflict with the victim during the proceeding.

Article 13 (2) of the Road Traffic Act provides that "the drivers of motor vehicles and riders of horses shall temporarily stop immediately before crossing the sidewalk and cross the sidewalk so as not to obstruct pedestrian traffic by examining the left side and the right side of the sidewalk." Considering the legislative intent and purpose of the Road Traffic Act, and the text of the relevant provision comprehensively, the obligation of the driver not to obstruct pedestrian traffic by examining the left side and the right side of the sidewalk shall be interpreted not only before crossing the sidewalk, but also until crossing the sidewalk.

(e).

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