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(영문) 대전지방법원 2016.03.30 2016고단51
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 CM3 car.

On December 30, 2015, the Defendant driven the above vehicle at around 15:35, and driven the above vehicle at the speed of about 30 km from the Korean floor distance on the south of the Seo-gu Daejeon, Seo-gu, Daejeon, along two-lanes.

At the same time, the pedestrian signal, etc. was installed at a crosswalk, and thus, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed while the signal was changed to the stop signal of the vehicle, and found the victim D (I, 9 years old) and E (I, 9 years old) crossing the crosswalk from the right side of the crosswalk to the left side in accordance with the pedestrian signals, delayed detection of the victim D (I, 9 years old) and the victim D (I, 9 years old) who was crossing the crosswalk from the right side of the vehicle, and did not avoid it, and did not go beyond the ground by the front part of the Defendant vehicle.

As a result, the Defendant suffered injury to the victim D, such as salt fluor, which requires approximately 2 weeks of treatment, due to the above occupational negligence, and injury to the victim E, such as the left fluoral fluoring of the cost requiring approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and G;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents against E with heavy circumstances);

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.

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