beta
(영문) 서울동부지방법원 2020.12.17 2020고정1032

교통사고처리특례법위반(치상)

Text

A defendant shall be punished by a fine of 500,000 won.

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 W125 motorcycle.

On August 12, 2020, the Defendant driven the above vehicle on August 15:10, 2020, and led the front road in Gwangjin-gu Seoul Special Metropolitan City to proceed from the direction of the children's large park.

Since a doorway is an intersection where signal lights and crosswalks are installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive the crosswalk in accordance with the new code, by reducing speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected this and proceeded without disregarding and proceeding the signal while the vehicle is red signal, and the Defendant was able to cut off the crosswalk from the right side of the direction of the course to the left side of the signal, depending on green signal, and operated by the victim D (the age of 23).

Accordingly, the Defendant suffered injury to the victim, such as knee knee knee knee knee knee knee, tension, etc.

Summary of Evidence

1. A traffic accident report on a copy of the written diagnosis of the defendant's legal statement D;

1. Application of accident video-related statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. There is no history of criminal punishment against the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, and the defendant recognized the crime of this case and expressed his mistake against the defendant, the defendant agreed smoothly with the victim, the defendant's age, character and conduct, environment, circumstances of the crime, circumstances after the crime, etc. shall be reduced in part of the amount of fine for the summary order, comprehensively taking into account all the conditions of sentencing as stated in the argument of this case,