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(영문) 창원지방법원 진주지원 2018.01.23 2017고단976
교통사고처리특례법위반(치상)
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Cuba in the Republic of Korea.

On October 12:10, 2017, the Defendant driven the above van on the 12:10 on October 10, 2017, and proceeded bypassing the crosswalk in front of the “E” located in the South-west Navy D, with one-lane distance from the elementary school room to the right side of the filial consultation.

At this point, there was a crosswalk without signal lights, so there was a duty of care to check whether there is a person who will drive the vehicle and set the side well by reducing the speed, and to prevent the accident in advance by driving the vehicle safely.

Nevertheless, the defendant neglected this and tried to view only whether there is a vehicle that enters the right side of the defendant's running direction, and the right side part of the above crosswalk is not viewed as the right side part and found late behind the victim F (W, 70 years old) who crosses the above crosswalk from the right side and did not avoid it, so the victim's left part of the front part of the above vans, which led the victim to go beyond the road.

As a result, the Defendant suffered injury to the victim, such as the pressure of 12 prinse, cage 12, cage cage 5,6,7 accounts, etc., which requires approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Report on the occurrence of a traffic accident;

1. The report (1), (2) (2) and on-site photographs of a traffic accident;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to a investigative report (to attach a photograph to the clopic ofCCTV Images);

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

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

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act - Circumstances unfavorable to a person who is not an injury: Violation of the duty to protect pedestrians on a crosswalk and suspension of execution.

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