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(영문) 서울중앙지방법원 2016.03.23 2015고단6346

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

On September 10, 2015, the Defendant driven the above car around October 10, 2015, and proceeded with the side road of Seocho-gu Seoul Metropolitan Government front house as the side road from the room of the Sungwon Senior Welfare Center for the Aged.

At the same time, there was a crosswalk at the front of the road, so in such a case, when a person engaged in driving a motor vehicle drives the motor vehicle is well able to reduce the speed of the motor vehicle, and a pedestrian passes the crosswalk, the motor vehicle was obliged to temporarily stop in front of the crosswalk to check the safety of the pedestrian, check the safety of the pedestrian, and prevent the accident in advance.

Nevertheless, the defendant neglected this and found the victim D (at the age of 50) who walked on the right side of the crosswalk to the left side of the crosswalk, and operated it rapidly to avoid this. However, the defendant did not avoid it, but did not get out of it and had the victim go beyond the right side of the passenger car of the defendant.

Ultimately, the Defendant suffered injury to the victim, such as cerebral salina, which requires approximately 12 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. Accident vehicles and on-site photographs;

1. A medical certificate;

1. Application of an investigation report (the attachment of CCTV in the scene of an accident to video CDs);

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;