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(영문) 수원지방법원 2020.06.05 2020고단293
교통사고처리특례법위반(치상)
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 vehicle B at low price.

On December 24, 2019, around 07:20 on 07:20, the Defendant proceeded from the direction of the police station to the view of gender viewing.

The location is a three-distance intersection where a red on-and-off signal is installed, and a crosswalk is installed, so there was a duty of care to safely drive a person engaged in driving service by checking whether there is a pedestrian by temporarily stopping the road before entering the intersection and properly operating the steering gear and the brake.

Nevertheless, the Defendant neglected this and proceeded without temporarily suspending a red on-and-off signal, and caused the Defendant to go beyond the victim by taking out the victim D, who was crossing from the right side of the Defendant’s running direction to the left side of the crosswalk, in front of the left side of the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as a chill of the mouth, which requires approximately 13 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual survey report and on-site photographs;

1. Blus and video CDs, and blue screen images to cover a screen;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant, who is the driver of a vehicle, did not temporarily stop the red on and off signals, and thereby, sustained the victim walking the crosswalk due to the negligence of violating the duty of pedestrian protection in the crosswalk, and the degree of the defendant's breach of the duty of care and the degree of the victim's injury shall be mitigated.

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