beta
(영문) 서울중앙지방법원 2013.12.24 2013고정2961

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 18, 2013, around 06:50 on March 18, 2013, the Defendant driven a Drocketing cab owned by (ju) C at the street 966, Seongbuk-gu, Seongbuk-gu, Seoul, and proceeded at a speed below the speed of one lane among the three-lane roads in the direction of the direction of the Sinung-gu.

In such cases, if a person engaged in driving service drives safely according to the traffic signal and a pedestrian passes 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 to prevent accidents in advance.

Nevertheless, the Defendant neglected this and continues to proceed at the same speed by violating the signal, even though the signal is changed to a stop signal.

According to the pedestrian signal normally, the part of the bridge of the victim E (29 years of age) crossing the right side of the crosswalk from the left side of the running direction of the crosswalk was received as the front part of the vehicle's right side.

Accordingly, the Defendant suffered approximately two weeks of medical treatment from the victim due to occupational negligence.

Summary of Evidence

1. Legal statement of witness E;

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. A medical certificate;

1. A traffic accident report;

1. Application of photographs (booms) and bus booms CD-related Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;