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(영문) 대구지방법원 2014.07.24 2014고단2854
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

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

Around 12:00 on May 1, 2014, the Defendant driven the said car and proceeded to turn to the left at a speed of about 10 km in the speed of about 10 km in the direction of the Asia-si in the direction of the Pacific-ro 67-gil, Nam-gu, Daegu-gu.

In this case, a person engaged in driving of a motor vehicle has a duty of care to confirm whether pedestrians are travelling along the crosswalks and prevent accidents by reducing speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant failed to find out the victim C (72 years of age and female) crossing the crosswalk due to negligence while neglecting this, and received the victim's bridge part as the front right side of the Defendant's car.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting down and closing the body at the bottom of both the frameworks and the frameworks requiring approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C (Simplified traffic);

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Investigation report (investigation of shots);

1. Application of Acts and subordinate statutes to a report on investigation (as to attachment of a medical certificate);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order causes the instant accident in violation of the duty to protect pedestrians at crosswalks, and the injury suffered by the victim is not weak, but the Defendant is in profoundly against the instant crime; the instant vehicle is covered by a comprehensive insurance; the instant vehicle is covered by the comprehensive insurance; there is no criminal record heavier than the suspended execution; and the motive, means, and result of the instant crime;

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