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(영문) 창원지방법원 진주지원 2014.06.13 2014고단182
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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 a Crane car.

On October 14, 2013, the Defendant driven the above vehicle around 09:20 on October 14, 2013, and proceeded two lanes in front of the two-lane radius in the front of the grack-si, Sacheon-si, Sacheon-si, in the direction of the tourist information center, at a speed of about 50km each hour, depending on one lane towards the signal line of Sacheon-si.

However, since a crosswalk is installed at the front of the road, in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle by accurately manipulating the steering direction and operating the steering system of the vehicle, by checking whether there is a person who gets to walk up the way by reducing the speed in advance and properly examining the right and the right and the right of the vehicle.

Nevertheless, the defendant neglected this and did not discover the victim D (the age of 68) who was a walked on the right side from the left side of the front side of the direction of the defendant's proceeding, and did not find the victim D (the age of 68). The defendant got the above victim to go beyond the road because he was driving.

As a result, the Defendant suffered injury, such as a 10-day therapy, to the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of the general medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is that the crime of this case where the defendant suffered an injury in need of medical treatment for about 10 weeks by shocking the victim at the crosswalk, and the crime of this case is not less weak, and the victim and his family members were a severe punishment against the defendant because the defendant did not agree with the victim.

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