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(영문) 대전지방법원 서산지원 2018.08.30 2018고정141
교통사고처리특례법위반(치상)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a large-scale passenger vehicle in line with the first passenger B New Skifer.

On March 20, 2018, around 17:10 on March 20, 2018, the Defendant driven the car volume in front of the D cafeteria in Jin-si, Jin-si, Jin-si, and continued to turn to the left at a speed of about 30km/h of speed from the surface of the former terminal to the surface of the Myeoncheon-do.

The accident place is a place where the traffic of vehicles and pedestrians is frequent in schools and commercial areas. At this point, crosswalks are installed and the victim crosses the left-hand side from the right-hand side in accordance with the pedestrian's signals, so in such a case, a person engaged in driving a motor vehicle has a duty of care to accurately operate the steering and brakes and prevent accidents by properly operating the steering and brakes and preventing accidents.

Nevertheless, the suspect neglected his/her duty and went to the crosswalk of the victim E (18 years old, female) with the head and body of the victim E (18 years old, female) who walked at the top of the front wheels of the above passenger vehicle, while going to the stop line without a stop.

Therefore, the above victim E suffered injury, such as "kneee knee mael mae magel," which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

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 traffic accident evidence evidence, booms of vehicles, and CCTV for crime prevention;

1. Relevant legal provisions concerning criminal facts, 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 Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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