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(영문) 서울남부지방법원 2018.07.18 2018고정413

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 a W125 motor bicycle.

On September 8, 2017, the Defendant driven a motor device bicycle on September 18, 2017, and moved to the direction of the mountain direction while driving along the two-lane road in Seoul C ahead at a low speed.

Since there is a crosswalk where a signal, etc. is installed, the person engaged in driving service has a duty of care to check whether there is a person who gets on the way to reduce the speed and to see well the right and the right and the right of the road, and to drive safely according to the new subparagraph.

Nevertheless, when the defendant neglected to do so and proceeded as it is, the defendant shocked the victim D (the age of 16) who dried the crosswalk in accordance with the pedestrian green signals, with the motor device bicycle front.

As a result, the Defendant suffered injury by the victim, such as “salvine and salvine salute,” which requires three weeks’ medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

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

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

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

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