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(영문) 대전지방법원 홍성지원 2021.01.26 2020고정151
교통사고처리특례법위반(치상)
Text

The sentence against the accused shall be three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B, Grandroth.

On December 26, 2019, the Defendant driven the above vans around 17:20 on December 26, 2019, and moved down the shooting distance at the entrance of the main apartment, which is five of the Sin-si, to the speed of about 15 km from the Sin-si on the Yan-si side.

In this case, the driver of a motor vehicle has a duty of care to temporarily stop the road before passing the crosswalk and to protect pedestrians by checking whether there is a person walking the crosswalk.

Nevertheless, the defendant neglected this and did not properly examine whether or not there is a person walking the crosswalk, but failed to find out the victim C (the age 15) who passed the crosswalk from the right side of the defendant's course to the left side, and instead did not find the victim C (the age 15) who passed the crosswalk from the right side of the defendant's course.

Defendant 1 suffered, due to such occupational negligence, a proposal that requires treatment for about two weeks, and any other scambling part that is in need of treatment.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police's statement protocol to the defendant's legal statement C, traffic accident actual condition report, investigation report (road crossing signal, etc.), investigation report (medical certificate, etc.);

1. Article 3(1) and the proviso to Article 3(2) and Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

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 is that a pedestrian who tried to cross the road in the crosswalk is the wheels of the vehicle in which the defendant drives.

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