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(영문) 대전지방법원 2019.11.21 2019고단3126
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 of the vehicle B at low price.

On July 13, 2019, at around 14:23, the Defendant moved the crosswalks in front of the D, which are located in Daejeon Seosung-gu C, from E, to three-lanes from E, a flow-line off from E to E a flow-distance.

Since the above place is installed at a crosswalk and the pedestrian signal at the time was green signal, the driver of the motor vehicle had a duty of care to proceed after checking whether there is a pedestrian on the front crosswalk.

On the contrary, the defendant neglected to do so, the defendant's negligence and neglected to drive the above crosswalk to the pedestrian green signal to the opposite part on the D side, and the driver's car to the left side of the victim F (the age of 80) who crossed the above crosswalk to the front driver of the driver's car, and the above driver's car exceeded the road.

As a result, the Defendant suffered injury to the victim, such as cutting the upper half of the upper half of the mouths requiring treatment for about eight weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. The application of Acts and subordinate statutes to traffic accident investigation reports, accident site photographs, diagnosis reports, black stuffs video CDs, investigation reports (a chair car for persons with disabilities shall be applicable to pedestrians);

1. Relevant Acts concerning criminal facts, Article 3 (1) and the proviso of 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, Article 26

1. Articles 70 (1) 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 Defendant caused an accident of shocking the victim by using a crosswalk for persons with disabilities in accordance with green pedestrian signals, and thus, the degree of breach of duty of care is not easy.

The victims are older and injured.

However, the defendant's driving vehicle is a comprehensive automobile insurance.

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