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(영문) 춘천지방법원 강릉지원 2013.10.16 2013고정334
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a Dsi owned by C (State).

On May 23, 2013, the Defendant driven the above vehicle at around 09:50, and driven the two-lane road in front of the office of Yongnam-si in the Gangnam-si of Gangseo-si along the two-lanes from the police station to the Gangnam-si.

At that time, there was a duty of care to reduce the speed and to safely drive by examining whether there are pedestrians in such cases, where the traffic is frequent and crosswalks are installed.

Nevertheless, if the defendant neglected this and proceeded by negligence, he did not discover the victim E who was standing a crosswalk on the right side from the left side and got the victim back to the road.

Therefore, the above victim suffered injuries of duplicities, including two cupage cupages which require approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, photographs of the accident site, pictures of the Meboxe of the Mebox 1

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the location of the instant accident for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is different from the crosswalk, the said crosswalk has a duty of care to cross by properly examining whether there is a vehicle traveling along the crosswalk, and even if there is no signal signal, the victim has a duty to cross the crosswalk. Nevertheless, the victim does not properly examine whether there is a vehicle driving along the two-lanes solely on the ground that the vehicle stops on the one-lane, and the victim's negligence in the occurrence of the instant accident is significant, and the defendant erred.

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