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(영문) 제주지방법원 2015.09.25 2015고정442
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the duty of driving a rocketing private taxi.

On March 8, 2015, the Defendant, around 20:30 on March 20, 2015, continued to proceed bypass from the side of the Hanra University at the entrance of the Hanra University.

At the time, the place shall be where a crosswalk is installed and a person engaged in driving affairs shall temporarily stop, if a pedestrian signal prior to driving the crosswalk is turned on, and the pedestrian shall check the front of the crosswalk and safely proceed with it.

Nevertheless, due to the negligence of neglecting this, the part of the body part of the victim D (the age of 20) who passed the Kwikset on the crosswalk was shocked with the front side of the left side of the vehicle.

In the end, due to such occupational negligence, the victim suffered injury requiring stability for three weeks due to the fact that the victim was at the right shoulder, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements prepared in D;

1. The actual condition survey report;

1. A medical certificate;

1. On-site photographs and field map;

1. Application of the CDA-related Acts and subordinate statutes;

1. Article 3 (1) and 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 relevant criminal facts and the selection of fines;

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

1. The sentencing period under Article 334(1) of the Criminal Procedure Act for the provisional payment order is determined as follows: (a) the vehicle of the defendant was admitted to the National Taxi Mutual Aid Association and paid mutual aid money to the victim under the pretext of medical treatment and agreement; (b) the circumstances of the accident in this case; (c) the degree of injury suffered by the victim; and

Defendant

Judgment on the Defense Counsel's argument

1. The claimed victim was aboard the kickboard at the time, and the point of accident goes beyond the crosswalk, so the victim is not only a pedestrian but also the defendant.

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