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(영문) 서울중앙지방법원 2016.09.07 2016고단4318

교통사고처리특례법위반

Text

A defendant shall be punished by a fine of 400,000 won.

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

Reasons

Punishment of the crime

On April 2, 2016, the Defendant driven a car at B Alpon on April 18, 2016, and proceeded at a speed that would not be known to the direction of Gangnam-gu Seoul Seocho-gu, Seoul, the front Do first line road at the Seocho-gu, Seoul, along with a speed that would not be known to the direction of Gangnam.

Since there is a place where a crosswalk without signal lights is installed, in such a case, the defendant who drives a motor vehicle had a duty of care to temporarily stop in front of the crosswalk and prevent pedestrians from hindering or endangering the crossing.

Nevertheless, when the defendant neglected to do so and proceeds as it is, the defendant was placed on the right-hand side of the victim E, who opened the crosswalk from the left-hand side of the direction of the running of the defendant's vehicle to the right-hand side of the victim E, and received the front-hand part of the vehicle.

Ultimately, the Defendant caused injury to the victim, such as knenee part knee, which requires treatment for about two weeks by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. The point of injury as indicated in the judgment: Application of Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, and Article 268 of the Criminal Act. Article 268 (Determination of Punishment in Consideration of Selection of Fines and that Victim does not want punishment

1. Articles 70 (1) 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;