beta
(영문) 서울동부지방법원 2015.11.26 2015고단2995

교통사고처리특례법위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a bicycle.

On August 28, 2015, the Defendant driven a bicycle around 17:20, and got the crosswalk installed at three-lanes in front of Songpa-gu Seoul Metropolitan Government C crossing from the front side of the Songpa-gu Elementary School at an aesthetic speed.

In this case, there are many persons who walk a crosswalk, so in order to get off the bicycle and walk the bicycle, or safely drive the bicycle on the crosswalk and prevent the accident in advance.

Nevertheless, the defendant neglected this and got the victim to go beyond the ground by shocking the part of the victim D (year 71) who was walking the crosswalk in the same direction to the left side of the bicycle in the front direction.

As a result, the Defendant suffered injury, such as cerebral cerebral cerebrovassis, focusing on the fact that there is no open room for 62-day medical treatment from the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report;

1. A written diagnosis of injury;

1. Application of statutes on field photographs;

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

1. According to the following circumstances: (a) the victim’s injury caused by the instant traffic accident is not less severe; (b) the instant accident occurred in violation of the proviso of Article 3(2)6 of the Act on Special Cases Concerning the Settlement of Traffic Accidents; (c) the Defendant’s primary and profoundly reflects the likelihood of criminal punishment; (d) the Defendant performed his best to rescue the victim immediately after the instant accident; (c) it is possible to fully compensate for the injury caused by the instant accident; and (d) agreements with the victim in the trial.