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(영문) 서울서부지방법원 2018.01.31 2017고정272

교통사고처리특례법위반(치상)

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 engaged in the duty of driving Cknife car.

On December 6, 2016, the Defendant driven the above vehicle around 08:30 on December 6, 2016, and temporarily stopped in order to circumvent the direction of the new apartment bank center to the direction of the new apartment bank center at the new apartment bank that was located in the front of Eunpyeong-gu Seoul Metropolitan Government D.

At that place, crosswalks without signal lights are installed.

In such cases, when a person engaged in driving of a motor vehicle reduces the speed, well sees the right and the right on the front side, and pedestrians are passing along a crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk to send pedestrians first and to check the safety of pedestrians and prevent accidents in advance.

Nevertheless, the Defendant did not look at the victim E (here, 18 years old) crossing the crosswalk from the right side of the Defendant’s running direction in the course of departing from the vehicle parked to the right side of the right side of the vehicle and contacted the victim’s left part of the front part of the vehicle driven by the Defendant.

As a result, the Defendant suffered injury to the victim due to occupational negligence in need of approximately two weeks of medical treatment with the “satisf and tensions and tensions.”

Summary of Evidence

1. The defendant's legal statement (the legal statement at the seventh public trial date);

1. Protocols of examination of witnesses E of this court;

1. Each traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

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;