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(영문) 서울북부지방법원 2017.01.12 2016고단1589

교통사고처리특례법위반

Text

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 of Category C truck.

On January 8, 2016, the Defendant driven the above truck at a speed of about 20 kilometers a speed of 10 kilometers a speed of 20 kilometers a speed of 20 kilometers a speed of 20 kilometers a speed of 20 kilometers a direction from the beginning of the valley in the direction of the ero, Seoul Special Metropolitan City, Nowon-gu.

The location had a duty of care to drive safely according to the name of the driver of all vehicles with a crosswalk on which a signal, etc. is installed.

Nevertheless, the Defendant neglected this and caused an injury to the victim, such as the mouth of the front part of the truck of the Defendant, taking the part of the right bridge of the victim D (n, 75 years old) crossing the crosswalk in accordance with the walking signals due to the negligence of violating and straighting the signal while driving the signal, thereby having the victim go beyond the upper part of the truck of the Defendant, thereby causing about 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Reports on the occurrence of a traffic accident;

1. On-site photographs;

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

1. Relevant legal provisions of the relevant criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act, Article 268 of the Criminal Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant caused a traffic accident that causes the damage to the victim of the crosswalk by negligence of violating signal signals, and the victim suffers serious injury that requires the medical treatment of 14 weeks: The defendant is waiting for committing a crime, is committing a crime against himself/herself, he/she is subscribed to a comprehensive insurance, there is no criminal record exceeding a fine, and there is no criminal punishment exceeding a fine.