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(영문) 서울중앙지방법원 2016.01.13 2015고단7263

교통사고처리특례법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On October 28, 2015, the Defendant driven the above vehicle at around 17:39, and led to the road of 1-lane in front of the road at the convenience of the post office, Jongno-gu Seoul, Jongno-gu, Seoul, to proceed in one way in accordance with the benefit-based Rotering plane from the mutually advantageous elementary school.

Since signal lights are installed on the front side of that place, in such cases, there was a duty of care to confirm whether a person engaged in driving service is a person who gets on a road by reducing speed and by properly examining the front side, and to drive safely in accordance with traffic signals.

Nevertheless, the Defendant neglected to do so and went on to the left side of the crosswalk c (65) which was the victim C (65) who was crossinged from the right side of the crosswalk c (65) due to the negligence of proceeding the vehicle stop as it is.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the left-hand slot in which treatment for about six weeks is required, and the Defendant suffered injury, such as the fluoral fluor, from the outside.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. Vehicles photographs and CCTV photographs;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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. Selection of a selective fine for punishment (including the fact that one's mistake is divided, and a comprehensive motor vehicle insurance is subscribed, and the victim does not want the punishment of the defendant and does not have any record of criminal punishment in consultation with the victim, etc.);

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.