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(영문) 수원지방법원 성남지원 2019.06.04 2019고정148

교통사고처리특례법위반(치상)

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

The Defendant is a person engaging in driving a two-wheeled motor vehicle BEV.

At around 09:20 on November 19, 2018, the Defendant driving the above two-wheeled Automobile, which led to the intersection of the “D Real Estate” in C in the direction of the new funeral distance from the direction of E.

The above intersection was installed with a vehicle signal, and there was a crosswalk where a pedestrian signal, etc. is installed on the front side, so in such a case, the person engaged in driving a motor vehicle had a duty of care to check whether there is a person driving the motor vehicle, to reduce speed, to watch the front side and the right and the right, and to build the crosswalk, and to safely drive the motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected this and neglected to proceed in contravention of the red light signal of the above vehicle signal, and received the victim F who walked on the crosswalk from the right side of the Defendant's proceeding to the left side of the crosswalk in accordance with the new code, and received the two-wheeled vehicle front of the above two-wheeled vehicle by the Defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately six weeks of medical treatment, i.e., the right-hand rupture.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes, such as a survey report on actual condition (six pages of investigation records), on-site photographs, and medical certificate;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;