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(영문) 제주지방법원 2014.05.08 2014고정353
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On December 22, 2013, the Defendant driven a B B body-man car on December 19:35, 2013, and passed the crosswalk at the entrance of the intersection near the CU TU Triju store in the Jeju Island at the time of the Jeju, through the bank of the eyang Seaside, from the bank of the egical Seaside, to the bank of the egical resident center.

At the time of night, crosswalks are installed on the front side while securing the view of the front side at night. In such a case, a person engaged in driving a motor vehicle has a duty of care to safely proceed after checking whether there is a pedestrian who gets on the front side and the right side of the motor vehicle.

When the Defendant stops in front of a crosswalk and re-enters it, the Defendant, due to the occupational negligence and negligence, led the victim C (the age of 44) to the left side of the crosswalk from the right side of the crosswalk to the front part of the Defendant’s driving car.

Ultimately, the Defendant caused the victim to suffer injuries to the knee-consium and tension in need of approximately two weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the relevant Acts and subordinate statutes to the actual survey report and photographs;

1. Relevant legal provisions concerning criminal facts: Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act;

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: The punishment shall be determined as per the Disposition in consideration of the following circumstances as the sentencing reasons of Article 334(1) of the Criminal Procedure Act: The recognition of a crime and the degree of damage may not be considered to be relatively heavy; the defendant's driver's vehicle is covered by a comprehensive motor vehicle insurance policy; the fact that the accident occurred at the crosswalk and that there is no record of punishment for the same kind of crime: The age, occupation, etc. of the defendant;

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