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(영문) 대구지방법원 2013.09.26 2013고단4525
교통사고처리특례법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a NFsty or other taxi vehicle.

On June 3, 2013, the Defendant driven the above vehicle around 20:10, and proceeded at a speed of about 50 kilometers per hour from the direction of the safe education in the lower sports park, the crosswalk without signal lights in front of 1627, Dong-gu, Daegu-gu, Daegu-gu (An open library) at a speed of 1627.

In such cases, if a person engaged in driving of a motor vehicle reduces the speed, well sees the front left well, and pedestrians walk the crosswalk, he/she has the duty of care to temporarily stop in front of the crosswalk to check the safety of pedestrians first and to prevent accidents in advance.

Nevertheless, the defendant neglected to do so and neglected to do so and is proceeding.

The victim C (n, 22 years old) who crosses the crosswalk from the right side of the respondent's vehicle driving direction to the left side is able to turn on a pairer, change the course into a one-lane, and the victim's left side conflict with the other side of the vehicle and turned over to the road.

As a result, the defendant suffered from occupational negligence the injury of the victim, such as a 5-day aggregate on the right side, which requires treatment for about 5 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. A survey report on actual condition (1,2);

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

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

1. Although the criminal liability of the defendant for sentencing under Article 334(1) of the Criminal Procedure Act is not minor, the defendant does not have any criminal record of probation or heavier, and the victim wishes to punish the defendant in the course of investigation.

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