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(영문) 대구지방법원 2012.11.29 2012고단6267
교통사고처리특례법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a gallon or cargo vehicle.

On July 30, 2012, the Defendant driven the above cargo vehicle on July 19, 2012, and driven the front crosswalk of the Sam River-dong, Daegu-gu, Daegu-dong, to the East Daegu-gu Underground Roads.

Since there is no pedestrian signal, the driver of the vehicle is obliged to temporarily stop in front of the crosswalk and the driver of the vehicle has a duty of care to safely check the front side and the right and the right of the pedestrian.

Nevertheless, the Defendant neglected this and failed to temporarily stop the vehicle in the opposite direction, and failed to secure the view due to the light of the vehicle driven in the opposite direction due to the failure of the vehicle driven in the opposite direction without temporarily stop in the crosswalk, and thus, found the victim C (W, 82 years old) who walked on the left side of the right side of the road to be the back to avoid the opposite direction, and did not properly stop the vehicle, but did not properly control the vehicle, and did not receive the victim from the front side of the vehicle of the Defendant.

Ultimately, the Defendant caused the victim to suffer from an injury, such as a diverosis, etc. due to the foregoing occupational negligence, and was sent to a hospital at the same time and received treatment, which led to the death of the victim due to the diverosis, etc. around August 29, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A traffic accident report;

1. The actual condition survey report;

1. Protocol of inspection;

1. A death certificate;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. Although the criminal defendant's responsibility for sentencing of Article 334 (1) of the Criminal Procedure Act is one of the reasons for the provisional payment order, the criminal defendant reflects his/her fault.

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