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(영문) 서울중앙지방법원 2015.09.17 2015고정3210

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On April 3, 2015, the Defendant driving a B-si around 00:15, and continued to drive a four-lane road in the Gangnam-gu Seoul Samsungdong along the four-lane road from the wing Station to the Samsung Station.

At the time, there is a crosswalk at which signal lights are installed at night and at the front door, so the driver of the motor vehicle has a duty of care to check whether there is a person who gets to drive the motor vehicle by reducing the speed and checking well the front door, and to safely drive the motor vehicle in accordance with the traffic signal to prevent the accident in advance.

Nevertheless, even though the Defendant neglected this and continued to move the signal to a stop signal, the Defendant found the victim C (the 60-year-old age) who dried the crosswalk pursuant to the pedestrian signals late to find it late, and operated it to avoid this. However, the Defendant did not avoid it and did not get the victim to go beyond the ground by receiving the victim from the front part of the taxi.

Ultimately, the Defendant suffered approximately 10 weeks of medical treatment due to the above occupational negligence by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. A medical certificate;

1. Application of statutes on field photographs;

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

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;