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(영문) 수원지방법원 2015.06.03 2015고정572
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On October 22, 2014, the Defendant driving a C-learning car on October 22, 2014, and let it cross the sidewalk at the entrance of the home fracker parking lot in order to enter the port of Suwon-si, the Defendant was obliged to temporarily stop immediately before crossing the sidewalk and to cross the sidewalk so as not to obstruct the passage of pedestrians after examining the left side and the right side.

Nevertheless, the Defendant neglected to do so and caused the injury of pedestrians, who walked from the right side of the sidewalk to the left side by the negligence of driving the sidewalk, and brought about about about two weeks of treatment to the victim by shocking the same pedestrian D (at least 30 years of age).

Summary of Evidence

1. Partial statement of the defendant;

1. A medical certificate;

1. On-site photographs and CCTV caps;

1. Application of CCTV CD-related Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, and Article 268 of the Criminal Act (Selection of Fine)

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

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

1. Judgment on the defendant's assertion of Article 186 (1) of the Criminal Procedure Act

1. The Defendant asserts that the point where the instant accident occurred does not constitute a report under the Road Traffic Act, since the height of the instant vehicle is the same as that of the general roads, since the point where the instant accident occurred is to be a point where the vehicle must pass through the home flusing parking lot.

Article 2 subparagraph 10 of the Road Traffic Act provides that the term "road" means the area of a road demarcated by a line of curbstones, safety signs, or other artificial structures similar thereto for pedestrians to pass through, and Article 13 (1) of the Road Traffic Act provides that drivers of motor vehicles and riders of horses shall pass along the roadway on the road divided into sidewalks and roadways.

Provided, That access to a place other than roads shall be made.

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