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(영문) 수원지방법원 성남지원 2018.09.06 2018고정743
교통사고처리특례법위반(치상)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is engaged in driving of Category C cargo vehicles.

On December 14, 2017, the Defendant driven the above cargo vehicle around 08:30 on December 14, 2017, and led to the passing of the three-distance intersection in front of the Sinnam-si, Sungnam-si, to the direction of the Seoul International School.

Since the place is a three-distance intersection and a crosswalk where signal lights are installed, in such cases, if a pedestrian passes a crosswalk as a driver of a motor vehicle reduces speed to the driver of the motor vehicle and is well examined the right and the right of the road, the driver of the motor vehicle has a duty of care to temporarily stop in front of the crosswalk to check the fact that he/she temporarily stops before the crosswalk, and to check the fact that he/she should not send

Nevertheless, the Defendant neglected this and proceeded bypassing a three-distance intersection, and the Defendant shocked the left side of the victim E (66 years old, south) crossing the crosswalk in accordance with the pedestrian signals from the right-hand side of the Defendant’s running direction to the right-hand side of the Defendant’s vehicle into the back side of the Defendant’s vehicle, and imposed the victim’s right-hand side on the back side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as “a fluoral aggregate,” which requires approximately six weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A written statement of the occurrence of E traffic accidents;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions of the relevant criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act, Article 268 of the Criminal Act, and selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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