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(영문) 서울남부지방법원 2020.02.13 2019고단5489

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

On September 1, 2019, the Defendant, who is engaged in driving a Bknife car, was driving the said car on September 16, 2019, and led to the four-lane road of the 432-lane in the south cycle of Yangcheon-gu Seoul, Yangcheon-gu, to proceed from the south-gu Seoul, the 4-lane road at the speed of about 30km along the 4-lane from the south cycle of the new month to the new IC.

Since the signal apparatus and crosswalk are installed, traffic control is conducted, and frequent passage of pedestrians, there is a duty of care to check whether there is any person who gets on the way to reduce the speed for the driver of the motor vehicle and to check the right and the right of the driver of the motor vehicle well, and to proceed according to the traffic signal.

Nevertheless, the Defendant neglected this and caused the head of the victim C (the age of 10) who cross the crosswalk from the right side of the vehicle to the left side in accordance with the pedestrian signals to go beyond the road, caused the victim to go beyond the right side of the vehicle, and followed the right side of the victim to the right side of the vehicle.

Ultimately, the Defendant suffered from a serious injury, such as cutting dysium, which requires approximately eight weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A de facto survey report and CCTV video CD;

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

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, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the degree of illegality of Defendant’s negligence, the parts and degree of injury, smooth agreement, comprehensive vehicle insurance policy, criminal records of the same kind and fine are taken into account, and all the sentencing conditions stated in the pleadings of the instant case, such as the nature of traffic accidents, the degree of illegality of Defendant’s negligence, the part and degree of injury, the

It is so decided as per Disposition for the above reasons.