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(영문) 대구지방법원 서부지원 2021.01.19 2020고정391
교통사고처리특례법위반(치상)
Text

1. The defendant shall be punished by a fine of two million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B B B B B B B BB car.

On April 22, 2020, the Defendant driven the above car at around 15:50 on April 2, 2020, and moved back at the entrance of the Daegu-gu C commercial building underground parking lot.

At the same time, a crosswalk without signal, etc. is installed. Accordingly, when a pedestrian passes the crosswalk, a person engaging in driving the motor vehicle shall temporarily stop in front of the crosswalk so as not to obstruct the crossing of the pedestrian or endanger the pedestrian, and in particular, in order to prevent the accident in advance by checking the rear side well, the person engaged in driving the motor vehicle has a duty of care to prevent the accident in advance.

Nevertheless, the Defendant neglected this and went back to the right side of the Defendant’s vehicle, and the Defendant did not discover the victim D (Woo, 80 years old) to the left side from the right side of the Defendant’s vehicle, and followed up the part to the right side of the victim.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as cutting the frame of the body and the frame at the bottom of the body of the 8 weeks.

Summary of Evidence

1. Statement by the defendant in court;

2. Reporting on the occurrence of a traffic accident, reporting on a traffic accident (1) (2), reporting on an investigation (victim D telephone conversations), and applying Acts and subordinate statutes to medical certificates;

1. Relevant legal provisions concerning criminal facts, 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 Aggravated Punishment, and Article 268 of the Criminal Act;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

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