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(영문) 서울동부지방법원 2016.08.09 2016고정1141

교통사고처리특례법위반

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 engaged in driving a rash vehicle B.

On April 6, 2016, the Defendant driven the above vehicle on around 18:15, and led the Defendant to drive the above vehicle on the 8-lane 28-lane 1 road in front of the apartment house in the Songpa-gu Seoul, Songpa-gu, Seoul.

Since a crosswalk without signal lights has been installed, in such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle gets on the crosswalk by reducing the speed and checking well the right and the right of the motor vehicle, and to safely drive the crosswalk in order to prevent the accident in advance.

Nevertheless, the defendant neglected to do so and tried to go beyond the road by conflicting the victim C (6 years, female) who dried the crosswalk on the left side from the right side of the mash course to the front side of the vehicle of the defendant.

As a result, the defendant suffered injury to the victim due to occupational negligence during about four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to the survey report on actual condition, report on the occurrence of traffic accidents, photographs, and medical certificates;

1. Relevant legal provisions concerning criminal facts, 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 Aggravated Punishment, and Article 268 of the Criminal Act;

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;