(영문) 광주지방법원 2014.09.30 2014고단2243

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(영문) 광주지방법원 2014.09.30 2014고단2243

교통사고처리특례법위반

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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 who is engaged in driving a motorcycle(ESCOTRT)110 motorcycle.

On May 10, 2014, the Defendant driven the above motorcycle on May 10, 2010, and proceeded at approximately 20 km from the string of the Jinjin-dong, Nam-gu, Gwangju, about three lanes near the Jinjin-dong, according to three lanes towards the agricultural elementary school.

At this point, there was a crosswalk where signal lights are installed on the front door, so the driver had a duty of care to live well the right and the right of the front door and to prevent the accident in advance by safely driving in accordance with the new code.

Nevertheless, the Defendant neglected to do so and took the left side of the victim D (the 44 years old) on the left side of the direction of the Defendant’s course by his negligence, and took the front side of the Defendant’s motor bicycle, thereby causing the victim to undergo approximately nine weeks’s treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report (1), (2), and photograph;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

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

1. In light of the fact that the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order causes the instant traffic accident by gross negligence, i.e., the violation of signal and the duty to protect pedestrians at crosswalks, and the victim suffers heavy injury that requires approximately nine weeks’ medical treatment due to the instant traffic accident, it is necessary to strictly punish the Defendant.

However, the defendant's mistake is divided in depth and reflects it.

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유사 판례

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