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(영문) 서울서부지방법원 2018.1.31. 선고 2017고정1446 판결

교통사고처리특례법위반(치상)

Cases

2017 Highly 1446 Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury)

Defendant

A

Prosecutor

Madle iron (prosecutions), anciently (public trial)

Imposition of Judgment

January 31, 2018

Text

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

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

The Defendant is a person engaged in driving a rocketing car.

On July 18, 2017, around 21:04, the Defendant came to turn to the left in the direction of the North Korean apartment complex on the north Asia-do, Seodaemun-gu, Seoul, at the 40-ro of the northwest-gu, Seoul. On the other hand, the Defendant continued to go to active service from the estimation art university, while going to the left in the direction of the North Asia-do apartment complex.

Since the location is a private-distance intersection where signal lights and crosswalks are installed, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely in accordance with the signals.

Nevertheless, the Defendant neglected this and neglected to turn to the left as it is in violation of the signal and received the part of the front part of the Defendant’s driving vehicle, which was driven by the victim C (Nam and 23 years old) who is driving in violation of the signal in the direction of the estimated art university from active duty-free area.

Ultimately, the Defendant suffered injury to the victim by occupational negligence in detail, which requires approximately seven weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding C;

1. Screening pictures by reporting each traffic accident and by reducing video data at the time of the accident;

1. A medical certificate;

Application of Statutes

1. Relevant Article of the facts of crime and the selection of punishment;

Article 3(1) and proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Selection of Fines

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

Judges Noh Jeong-Sa