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(영문) 대구지방법원 포항지원 2017.07.19 2017고정207
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On February 19, 2017, the Defendant, as a driver of the B M&A, was driving the said vehicle at around 18:25 on February 19, 2017, and was driving ahead of D in North-gu C at the port of port from the 5th to the court.

Since a crosswalk is installed, all drivers of the vehicles have the duty of care to check whether there is a person who gets a road by temporarily stopping the vehicle.

Nevertheless, the Defendant neglected to do so and proceeded on the left side of the running direction of the Defendant, and did not discover the victim E with the right side of the Defendant, and received the victim as the front part of the Defendant’s vehicle.

The Defendant suffered injury to the victim, such as salt, tension, etc. in the ceiling, which requires approximately six weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, the selection of fines (including the fact that the signal system has not yet been operated normally, the fact that there is no particular criminal punishment against the defendant, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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