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(영문) 서울남부지방법원 2016.06.08 2016고정670

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle by borrowing B.

On December 29, 2015, the Defendant driven the above car on December 20:5, 2015, and moved bypass the two-lanes between the two-lanes from the 3 Dong community service center at the 3rd Do resident center at the 61-gil, Gangseo-gu, Seoul, to the intersection of the private distance on December 61, 2015.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right of the road, and to drive safely.

Nevertheless, when the Defendant neglected to do so and proceeds by bypassing it as it was, the Defendant got off the way from the right side to the left side in accordance with the pedestrian signals of the crosswalk, which was left by the victim C(56 ) as the Defendant’s car.

As a result, the Defendant suffered from the Defendant’s negligence on the part of the above occupational negligence that requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a survey report on actual conditions and report on the occurrence of traffic accidents;

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;