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(영문) 광주지방법원 목포지원 2014.04.25 2014고단252
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing vehicle B.

On January 23, 2014, the Defendant driving the above vehicle at around 18:25, and driving the three-lane road in front of the Korean Hospital located in the Sinpo City, Sinpo City, Sinpo City, along with one-lane from the area of Sinpo Science University to the area of Sinpo City bus terminal.

The location was a three-distance intersection where signal lights and crosswalks are installed, so in such a case, the defendant engaged in driving service has a duty of care to check whether there is any person who gets on the way to reduce speed and to check the right and the right and the right and the right and the right and the right and the duty of care to drive safely according to the signals.

Nevertheless, the Defendant neglected this and got the victim C (the age of 21) who crosses the crosswalk normally in accordance with the pedestrian signals due to negligence in the course of the duty, which was driven by the Defendant, even though it was a stop signal, as the front part of the Defendant’s driving vehicle.

The Defendant caused the victim to suffer injury by occupational negligence, such as “ brain-dead sugar, right-hand pelvis,” etc., which requires treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. A written diagnosis for C;

1. A report on investigation (related to shootings);

1. Application of the photographic Acts and subordinate statutes;

1. Article 3(1), the proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the selection of fines, the degree of negligence of the accused, and the degree of injury inflicted on the victim, concerning facts constituting an offense, shall not be minor;

However, the amount of fine shall be selected by taking into account the following factors: the defendant is against the defendant, the victim does not want the punishment for the defendant; the victim is subscribed to motor vehicle comprehensive insurance; there is no criminal record of the same type of punishment and the suspension of execution; the professor of a private university who is sentenced to a suspended execution or higher punishment and the decision of the suspended execution or higher becomes final and conclusive.

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