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(영문) 춘천지방법원 강릉지원 2013.09.04 2013고정79
교통사고처리특례법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a private taxi engineer.

On January 24, 2012, at around 15:30 on January 24, 2012, the Defendant driven CK5 taxi, and continued the crosswalk in front of the consideration-type in the Gangnam-dong of Gangnam-si to the direction of the police station at the intersection of the Dongin Hospital.

As above, all drivers operating on the road on which the crosswalk is placed have a duty of care to temporarily stop the road before the temporary stop line of the crosswalk and protect pedestrians and operate the road.

Nevertheless, while neglecting the above duty of care and changing the lane from the two-lane to the first one, a half of the left-hand side of the victim D (the age of 15) who crosses the crosswalk from the right-hand side of the moving direction to the left-hand side of the crosswalk was received as a part of the right-hand side of the vehicle.

Therefore, the victim suffered bodily injury such as gambry which requires treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. The application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, actual survey reports, photographs, and diagnostic certificates;

1. Relevant legal provisions concerning criminal facts, 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 of the Criminal

1. Penalty fine of KRW 1,000,000 to be suspended;

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

1. Article 59(1) of the suspended sentence of sentence is a crosswalk where no signal, etc. is installed, and since many vehicles are passing along at the time of the instant case, the victim is also able to easily see whether the vehicle is coming from the crosswalk, and thus, the victim's negligence in the occurrence of the accident is significant, and the defendant has been living for a long time in driving, and there is no previous criminal record until now, and immediately after the accident, whether the victim has a relation to the vehicle.

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