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(영문) 창원지방법원 2013.11.22 2013고단2114
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Bchip private taxi.

At around 17:10 on June 17, 2013, the Defendant, at Changwon-si, left the left at about 20 km from the direction of Changwon-si to the right-hand left-hand turn in the direction of the city art gallery in the direction of Changwon-si.

Since there are crosswalks on the left side, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a way to reduce the speed and to check well the right and the right of the motor vehicle, and to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the defendant did not discover the victim C (at 63 years old) who cross the crosswalk to the right side by the negligence that the defendant neglected to turn it to the left, and did not discover the victim C (at 63 years old) and did not go to the ground by obtaining the above victim's bridge from the left side of the taxi.

As a result, the Defendant suffered injury to the victim, such as 12 weeks of medical treatment due to such occupational negligence, saves to the right side, saves, and saves.

Summary of Evidence

1. Defendant's legal statement;

1. Statement C on the occurrence of a traffic accident (Ma2);

1. Reports on the occurrence of a traffic accident and the report on a traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) 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 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 is that the defendant suffers from an unexpected injury to the victim due to occupational negligence, and the result is heavy, and that the defendant did not agree or take a letter with the victim, etc. is disadvantageous to the defendant. However, the defendant's mistake is contrary to the defendant's recognition, and the scene of the accident is proper when the driver of the vehicle left left at the crosswalk without a signal, etc., such as the defendant.

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