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(영문) 창원지방법원 2020.05.07 2020고정84
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle BM3 vehicle.

On November 1, 2019, the Defendant driven the above vehicle at around 09:15, and moved the road next to the apartment C in Kimhae-si into C-lane one way between the two lanes far from the D market.

Since there are lots of crosswalks installed, in such cases, the driver has a duty of care to prevent accidents in advance by temporarily stopping on the crosswalks so as not to obstruct the crossing of the pedestrian or endanger the safety of the pedestrian, if the pedestrian is going through the crosswalks, by reducing the speed of the driver, and by sufficiently examining the right and the right and the right of the pedestrian.

Nevertheless, the Defendant neglected such duty of care and caused the Defendant to go beyond the road by taking the left side part of the victim E (the 70 years old, female) left side side of the victim E (the 70 years old, female) on the right side of the vehicle under green pedestrian signal from the right side of the vehicle under way to the left side of the vehicle under way.

As a result, the defendant suffered injury such as fingers, grandchildren, and other parts that need to be treated within a period of three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

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

1. When considering that the crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act is a crime that is highly dangerous to violate the duty of pedestrian protection in a crosswalk, and that the defendant did not reach an agreement with the victim, all of the sentencing factors indicated in the records and arguments, including the defendant's age, occupation, character and behavior, environment, family relationship, and the circumstance of the crime of this case, such as the defendant's age, occupation, character and behavior

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