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(영문) 광주지방법원 2015.09.17 2015고단1428
교통사고처리특례법위반
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who drives a B-Sa car.

On March 27, 2015, the Defendant driven the above vehicle at around 14:05, and got the intersection of the distance prior to the liquidation intersection in the Nam-gu Seoul metropolitan area from the place of the liquidation intersection to the common credit cooperative in the main metropolitan area from the place of the liquidation intersection, one-lane between the two-lane two-lanes.

In this case, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a pedestrian or not to build a crosswalk according to a pedestrian signal and to safely drive the motor vehicle in order to prevent the accident in advance.

Nevertheless, the Defendant neglected this and found the victim C (here, 68 years old) who dried the crosswalk from the right side of the proceeding to the left side of the pedestrian signal to be the left side of the pedestrian signal, and operated the crosswalk to avoid this, but the Defendant did not avoid it, but went beyond the crosswalk due to the front part of the front part of the Defendant’s vehicle driving ahead of the victim’s left side.

Accordingly, the defendant suffered from an injury to the victim by negligence in the course of business by suffering from an injury to the chest pressure pressure which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C;

1. The application of the actual condition survey report, evidence and photographs at the scene of a traffic accident, evidence and photographs on the shock part of a harming vehicle, and medical certificate under statutes;

1. Relevant legal provisions concerning facts constituting an offense, 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

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

1. The sentencing conditions of Article 334(1) of the Criminal Procedure Act, based on the following circumstances, including the Defendant’s age, character and conduct, environment, circumstances surrounding the crime and circumstances after the crime, etc., shall be determined as ordered by the order.

Unfavorable circumstances: Negligence of violating the duty to protect pedestrians in the crosswalks.

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