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(영문) 창원지방법원 통영지원 2013.08.21 2013고단283
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car at Cro.

On March 17, 2013, the Defendant driven the above vehicle at around 23:10, and made a left-hand turn at a speed of about 20 km from the front side of the Gelim Elementary School to the Kelim Elementary School at the speed of about 20 km at the speed of her speed, depending on one lane from the front side of the Gelim Elementary School.

At the time, it is difficult to secure the view of night and rain, and there are crosswalks installed in the front door, so in such a case, the driver of the motor vehicle has a duty of care to check whether there is any person who gets on a way to reduce speed and see well the right and the right and the right and the right of the motor vehicle and to drive the motor vehicle safely.

Nevertheless, the defendant neglected to do so and did not discover the victim D (year 31) who was standing a crosswalk from the left side of the running direction of the defendant, and did not find the victim D (year 31) who was standing the crosswalk, and was placed the body part of the victim's body in front of the driver's seat of the defendant driving.

As a result, the Defendant suffered injury to the victim, such as the left-hand side of the victim who needs approximately six weeks of medical treatment, or other injuries such as the flaval bones and flavating felites.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report, statement of person involved in the traffic accident, actual condition investigation report on the traffic accident, and site photograph of the traffic accident;

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

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

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

1. Article 334(1) of the Criminal Procedure Act provides that the defendant's negligence on the grounds of sentencing of Article 334(1) of the provisional payment order is severe and the degree of injury of the victim is not less severe, but the defendant is deeply against the crime of this case, the vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance and is agreed with the victim

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