(영문) 창원지방법원 2018.05.30 2018고단572

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(영문) 창원지방법원 2018.05.30 2018고단572

교통사고처리특례법위반(치상)

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Defendant shall be punished by a fine of three 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 is engaged in driving a BM5 car.

On January 16, 2018, the Defendant driven the above car at a speed of 07:20, and proceeded at a speed of about 20 km from the Changwon-si to the three-lane road in front of the D Company D's four-lanes in Sungwon-si, Sungwon-si, Sungwon-si, and at the speed of about 20 km from the clock distance to the clock distance.

Since there is a crosswalk where a signal, etc. is installed, it is necessary to examine whether a person engaged in driving service has a pedestrian crossing to cross the crosswalk by checking well the right and the right and the right and the right and the duty of care to safely drive the crosswalk in accordance with the new code.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded against the red signal, the Defendant got the victim E (the 61-year old) who crosses the crosswalk to the port from the right side of the direction of the Defendant’s proceeding to the port, and had the victim go beyond the floor.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cutting down the pelto part of the pelto part in need of approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on a traffic accident, a survey report, photographs, and a statement on the occurrence of a traffic accident;

1. Application of medical certificates and written confirmation of hospitalization Acts and subordinate statutes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the defendant shocks the pedestrian on the crosswalk in contravention of the signal, the degree of negligence is heavy, and the degree of injury suffered by the victim is also not easy.

A driver has a separate duty of care to protect pedestrians at crosswalks, and strict measures are needed for violations.

However, the defendant is not guilty.

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