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(영문) 대전지방법원 천안지원 2016.11.17 2016고정551
교통사고처리특례법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Poter Cargo Vehicles B.

At around 09:30 on April 9, 2016, the Defendant moved the crosswalk in front of a restaurant located in Asan City C to the direction of the national bank at the modern Home Town, toward the direction of the national bank.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce the speed or to see the right and the right and the right and the right and the right and the right and the right are well and to drive safely.

Nevertheless, the Defendant neglected this and neglected the victim E (the age of 71) to cross the crosswalk due to the negligence of bypassing it, which led the victim E (the age of 71) to the front right side of the vehicle under way, and had the victim go beyond the road.

Ultimately, the Defendant suffered injury, such as damage to the right side pressure traps, and pulverization of flaver in the vicinity of the arctal site, which requires treatment for about six weeks by occupational negligence as above, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence status of E traffic accidents (E);

1. Statement on the occurrence of a traffic accident;

1. Entry and video of the traffic accident report;

1. Application of video-related Acts and subordinate statutes to an accident site photograph;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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 lies on the defendant's negligence due to a traffic accident caused by a violation of the duty of pedestrian protection in the crosswalk, the victim was injured, the victim was punished, the defendant was punished once due to drinking driving, and there was a total of three times of fines. On the other hand, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance.

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