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(영문) 서울중앙지방법원 2013.07.11 2013고정175

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in driving Csch Rexton vehicle.

On November 10, 2012, the Defendant driven the above car at around 09:00, and made the left turn to the right of the front of the 455-10 Air Force Police Station, Seocho-gu, Seoul, Seocho-gu, Seoul, to the right of the front of the 455-10 Air Force Police Station at the direction of the station.

Since there is a place where a crosswalk without signal lights is installed, in such a case, the driver of the vehicle has a duty of care to safely stop in front of the crosswalk and check whether there is no pedestrian crossing to cross the crosswalk, and to prevent the accident.

Nevertheless, the Defendant neglected to do so and proceeded with the vehicle driving direction and caused the victim to go beyond the road after shocking into the front wheels part of the victim D (W. 71) who dried the crosswalk from the right edge of the vehicle driving direction to the direction of the vehicle.

Ultimately, the Defendant suffered injury, such as salt dynasium, which requires approximately two weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. The legal statement of witness D and E;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. A medical certificate;

1.2 Application of Acts and subordinate statutes, such as traffic accident report, accident site photographs, etc.;

1. Article 3 (1) and the proviso to Article 3 (2) and 3 (4) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, the selection of fines;

1. Articles 70 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;