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(영문) 수원지방법원 2018.05.15 2018고단1005
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a Cuga car.

On January 11, 2018, the Defendant, around 06:00, was driving along four lanes, one of four-lanes around the 1046 Suwon-dong, Suwon-si, Suwon-si, and the 1046 Suwon-dong, which was the front of the Convention Center.

Since there is a crosswalk where a signal, etc. is installed, in such a case, there was a duty of care to safely drive the motor vehicle in accordance with the new code after checking whether there is a pedestrian who gets up the crosswalk by reducing the speed for the person engaged in the driving of the motor vehicle.

Nevertheless, although the defendant did not properly look at the front side and carried out the direction signal of the defendant in violation of the signal, the defendant was negligent in driving the above crosswalk on the right side of the victim D(47) who cross the above crosswalk to the right side from the left side of the defendant's running direction, and the victim was placed above the floor.

Ultimately, the Defendant suffered injury to the above victim due to the above occupational negligence, i.e., cutting down the body of the left streke, salted streke, tension, etc. of the streke of 4 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report, on-site, and vehicle photographs;

1. On-road booms, video, etc. (ROMs);

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

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

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

1. The crime of this case with the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the defendant violated the signal, and the defendant suffered the injury by receiving the victim walking the crosswalk by violating the duty to protect pedestrians in the crosswalk.

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