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(영문) 서울동부지방법원 2016.06.23 2016고단1195

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 10, 2016, the Defendant, who is engaged in driving B B B B cargo II, was driving the above cargo vehicle around 10:40 on April 10, 201, and continued one lane prior to Gwangjin-gu Seoul Special Metropolitan City Seoul Special Metropolitan City C at the national bank protection area, toward the reservoir park and became left to the left.

At the time, a pedestrian crosswalk without signal lights was installed on the front road, and there was a place where people's passage is frequent. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reducing speed and checking well the right and the right of the front.

Nevertheless, the Defendant neglected to stop at a speed and continued to turn to the left without stopping the speed, thereby having taken the right side of the victim D (81 ) who walked from the right side of the running direction of the Defendant to the left-hand side of the cargo vehicle of the Defendant, along the above crosswalk.

As a result, the Defendant suffered injury, such as the brupt 2, 3, 4, and 5 of the flusium 2, 3, 4, and 5, which require the victim to receive approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a traffic accident investigation report, a traffic accident situation report, a written statement, field photographs, and investigation report (verification of black stuffs);

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. Although Article 334(1) of the Criminal Procedure Act provides for the degree of injury of the victim for the reason of sentencing of the crime of this case, the defendant was committed with the intent of committing the crime of this case, and his mistake has been pened in depth, and considerable damage has been recovered with the automobile comprehensive insurance to which the defendant joined.