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(영문) 수원지방법원 안산지원 2016.10.28 2016고정1286
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Criminal facts

On July 23, 2016, at around 02:20, the Defendant driven a low-speed car volume in B, and proceeded directly at a speed of 30 to 40km per hour at a speed of 30 to 30km per hour according to three lanes in front of the 122 dormitory three lanes in front of the 122 dormitory Tri-gu, Ansan-si.

Since the location was a three-distance intersection where signal lights and crosswalks are installed, the driver was stopped in front of the stop line if the signal of the front is a stop signal, and the driver had a duty of care to protect pedestrians in accordance with the pedestrian signals above the crosswalk.

Nevertheless, the Defendant neglected this and proceeded without stopping even though the vehicle signal is a stop signal, and due to the negligence in front of the above vehicle, the Defendant received the left-hand side of the body of the victim C, who opened the road above the crosswalk from the right-hand side of the above vehicle to the left-hand side in accordance with the direction-hand pedestrian signals.

Ultimately, the Defendant suffered injury to the victim, such as pelvise, which requires approximately three weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A scene of an accident and photograph of an accident vehicle;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, and Article 3(1), proviso to Article 3(2)1, and proviso to Article 3(1), Article 3(2)6, Article 268 of the Criminal Act, and Article 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment (not including the fact that the criminal defendant is not subject to punishment, but the confession and reflects by the criminal defendant, the degree of injury of the victim is not severe, and the extent of damage suffered by the criminal

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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