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(영문) 서울남부지방법원 2020.11.25 2020고정1482

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor bicycle BNC125.

On June 1, 2020, at around 16:50 on June 1, 2020, the Defendant driven the front road of Yeongdeungpo-gu Seoul Metropolitan Government, Seoul, along the direction of the Yeongdeungpo-gu Station, the above motorcycle was driven along the middle of the three lanes.

At the same time, there is a pedestrian crossing in which a signal apparatus is installed, so in such cases, a person engaged in driving service has a duty of care to check whether there is a person to walk the crosswalk by reducing the speed prior to entering the crosswalk and by properly examining the right and the right and the right of the crosswalk, and to safely drive the crosswalk in accordance with the new code, thereby preventing an accident.

Nevertheless, the defendant neglected this and got the victim D (the age of 66) who dried the crosswalk from the right side of the defendant's running direction to the right side in accordance with the pedestrian signals, as the front side of the above motorcycle, and let the victim go beyond the road.

Ultimately, the Defendant suffered from the injury of the “alleys of fresh and pulmonary freshion, including freshal trees,” which requires approximately six weeks of medical treatment to the victim due to such occupational negligence.

Summary of Evidence

1. Written statements of the defendant in court;

1. The result of viewing CCTV video-recording images by recycling them;

1. A certificate of actual condition survey;

1. Application of the statutes governing traffic accident-related photographs;

1. Article 3 (1), the proviso to Article 3 (2) 1, and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Optional Impeachment from Punishment for Criminal Facts, and Article 268 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Unfavorable circumstances such as violation of the reason for sentencing of Article 334(1) of the Criminal Procedure Act and the duty to protect pedestrians at crosswalks, the seriousness of the negligence of the defendant, the degree of injury of the victim, etc., and confession of the defendant, and a written agreement with the victim after the institution of public prosecution is made in this court.