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(영문) 대구지방법원 포항지원 2019.01.31 2018고단1564
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a benz car.

around 18:05 on October 24, 2018, the Defendant driven the said car from the 677 Korean Electric Power Station to the locked distance from the side of the bus terminal to the locked distance, as the Defendant wishes to do so.

Since there is a place where a crosswalk is installed, when a person engaged in driving of a motor vehicle passes the crosswalk, he/she has a duty of care not to obstruct or endanger the crossing of the pedestrian.

Nevertheless, the Defendant neglected this and caused the collision between the victim C (52 years old) and the victim D (27 years old) who passed the crosswalk from the right side of the Defendant's proceeding to the left side at around that time without looking at the pedestrian who passed the crosswalk pursuant to the green pedestrian signals, which led to the collision between the victim C (52 years old) and the victim D (27 years old).

After all, the Defendant suffered injury to the victim C due to the above occupational negligence for about two weeks, such as injury to the victim C, and injury to the victim D, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes to a medical certificate, a written resolution for payment of insurance, and visual closure data;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the same Act concerning facts constituting an offense

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Although the defendant's negligence is not less vulnerable to the defendant's negligence due to neglecting the time prior to the selection of the selective fine, and the result is also significant due to the victim D's severe injury, it seems that most of the victims' damage can be recovered due to a comprehensive insurance contract, the primary crime without criminal power, and the recognition of mistake and reflect.

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