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(영문) 대전지방법원 2018.05.10 2018고정144
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 12, 2017, the Defendant driven BST5 car around 17:10, and led to a bypassing the direction of the distance from Daejeon to the direction of the large distance from Daejeon, where the DNA signals, etc. are installed in the front of the Dae-gu Seoul Metropolitan City.

Since there is a place where a crosswalk is installed, the driver of the vehicle had a duty of care to protect pedestrians by temporarily stopping the vehicle before the crosswalk and by safely manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected this and got the victim E (the age of 74) who was crossing the crossing line according to the pedestrian signals, and had the victim go beyond the floor by taking the front part of the Defendant’s car.

As a result, the Defendant suffered from the injury of the victim E, such as cryp, cryp salt, left-hand salt, etc., which requires treatment for about 20 days by causing a traffic accident due to the above occupational negligence.

Summary of Evidence

1. A traffic accident report;

1. Application of Acts and subordinate statutes to the E’s written statement and diagnosis of traffic accidents;

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

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

1. The instant traffic accident with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is caused by occupational negligence by the Defendant who violated the duty to protect pedestrians in the crosswalk, and the degree of the violation of the duty to protect pedestrians in the crosswalk is not negligible, and considering the sentencing conditions shown in the instant trial, the amount of the fine specified in the summary order cannot be deemed excessive.

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