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(영문) 서울동부지방법원 2017.08.08 2017고정769

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is engaged in driving a B-learning vehicle owned by the Gangdong-gu Seoul Metropolitan Government Urban Management Corporation.

On 31. 01. 31. 01. 01. 01. 01:14, the Defendant driven the above vehicle on the upper day of Gangdong-gu Seoul Metropolitan Government, and driven the five-lane road of the front speed of the 153 High-ro 1 complex, the upper speed of which is the same as the same three-lane from the intersection of the upper speed.

There is a crosswalk in which signal lights are displayed in the night at the front.

In such cases, when a person engaged in driving of a motor vehicle reduces the speed, well sees the right and the right on the front side, and pedestrians are passing along a crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk to send pedestrians first and to check the safety of pedestrians and prevent accidents in advance.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed, and did not discover the victim C (14 h, female) crossing the crosswalk to the right side of the port side of the direction, and caused the damage to the front side of the Defendant’s driving vehicle by shocking the damaged person into the front side of the vehicle.

As a result, the Defendant suffered from the victim's negligence in the course of conducting a medical examination for about 8 weeks, a stoke stokes and an external side stokes in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with regard to C by the police;

1. Application of Acts and subordinate statutes on screen pictures by taking a survey report, investigation report (CCTV verification), diagnostic certificate, vehicle photographs, and CCTV to the actual condition;

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention of the workhouses is that there is no means to impose any criminal punishment against the defendant, the victim is serious, the victim was suffering from the coloring, and the defendant caused a traffic accident without discovering it.