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(영문) 서울북부지방법원 2016.03.23 2016고정319

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

On October 30, 2015, the Defendant: (a) was a person driving a car owned by one company; (b) was driving the above vehicle on around 10:40 on October 30, 2015; and (c) was driving the front road of Seongbuk-gu Seoul, Seoul, in the direction of the apartment building in the direction of the rocks in the front of the community service center; (c) there is a crosswalk without any signal apparatus; (d) thus, there is a crosswalk without a signal apparatus, in advance, reduced the speed in advance; (d) if a pedestrian gets on the crosswalk, he was negligent in neglecting his duty of care to temporarily stop in front of the crosswalk and protect the pedestrian; and (d) due to the negligence, the Defendant neglected the victim D with the front part of the driver’s seat before the driver’s seat; and (e) neglected the victim’s door that requires the victim to enter the left side of the road for about six weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident investigation report and a traffic accident occurrence report;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

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;