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(영문) 창원지방법원 2016.11.30 2016고정968
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 of CRaba and freight cars.

At around 15:40 on July 16, 2016, the Defendant continued to turn to the left from the edge of the meta Sports Center at the Mea Hospital.

Since there is a crosswalk where a signal, etc. is installed, in such cases, there was a duty of care to check whether a person engaged in driving service is standing the crosswalk by reducing speed and checking well the right and the right of the road, and to prevent the accident in advance by driving safely.

Nevertheless, the Defendant neglected this and got the head and the shoulder part of the Victim F (F, 10 years of age) who was a crosswalk in accordance with the pedestrian signals from the left side of the proceeding direction due to negligence, while standing alone, to the right side of the victim F (F, 10 years of age) who was a walker in accordance with the pedestrian signals, to the left side of the said cargo, and due to this shock, the victim G (W, 11 years of age) in which the said victim was walking along the front side of the said cargo, and went beyond the road, respectively.

The Defendant suffered injury to the victims by occupational negligence, such as kneee knee knee knee kne, etc., which requires treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report, a written statement of traffic accident-related persons, and a medical certificate;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

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

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