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(영문) 수원지방법원 평택지원 2013.07.18 2013고단374
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a beauty loan.

On December 11, 2012, the Defendant was driving the above vehicle at around 11:35, and was straighten from the front side of the Korean National University, Han Gyeong-gu, Seoul Special Metropolitan City.

Since a person engaged in driving service has a crosswalk, in such cases, there was a duty of care to check whether there is a person who walks on the way to see well, and to reduce speed and drive safely.

Nevertheless, there is a negligence in the course of business, which has been neglected and has been able to prevent it.

At that time, the victim C (the 60 years of age per party, female) walking on the crosswalk from the right side of the vehicle under consideration of the front side of the defendant vehicle to the right side of the vehicle under consideration.

As a result, the Defendant suffered injury, such as a flavating 1, which requires treatment of the victim C for about eight (8 weeks from among the five flaval boness) by occupational negligence, due to the injury of the victim C, such as a flavating flav, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The actual condition survey report;

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

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

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act is a case where the victim, who is a pedestrian due to a crosswalk accident, suffered eight weeks of injury on the pedestrian due to the accident of the crosswalk, and the liability for the crime is not minor.

Furthermore, the defendant has already been sentenced to the suspended sentence due to the previous department, and the victim wanted to be punished while complaining for the suffering of the injury caused by a traffic accident, the defendant subscribed to a comprehensive insurance, and recognized the crime.

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