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(영문) 대구지방법원 2017.08.18 2017고정1251
교통사고처리특례법위반(치상)
Text

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

On November 28, 2016, the Defendant, who is engaged in the driving of HJ125T-16D, was driving the above Obane around 14:30 on November 28, 2016, and was driving in front of the D convenience store located in Daegu-gu C, Suwon-si, and was driving at the speed of the unsurging of the claim at the 3-dong post offices.

Since a crosswalk is installed, in such a case, there was a duty of care to check whether a person engaged in driving service is a person to walk up the front, rear, and left and right, and to prevent the accident in advance by driving safely.

Nevertheless, the defendant neglected to do so and neglected to do so, and continued to do so, and caused the injured party E to go beyond the road by taking the inside part of the victim E who dried the above crosswalk on the right side from the left side of the direction of the Roman course to the right side.

Ultimately, the Defendant sustained injury to the victim by negligence in the course of treatment as seen above, such as “more due to an incurable or limited incurable disease”.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reporting on the occurrence of a traffic accident, a report on the actual condition of the traffic accident, and an investigation report on the vehicle register;

1. The application of Acts and subordinate statutes of a medical certificate (E), written opinion, details of expenses, and treatment plan;

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

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