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(영문) 서울동부지방법원 2017.05.26 2017고단735

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of three million 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 B car.

On February 17, 2017, the Defendant driven the above car at around 21:20, and proceeded along three-lanes of the road of 38 (Regradation in the Olympic Park) and the road of 38 (Regradation in the Olympic Park) in front of the fourth sentence of Songpa-gu Seoul.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the defendant did not discover the victim C (49 years old) who was a bicycle riding on the right side from the left side of the road, and did not discover the victim C (49 years old) who was a pedestrian riding and a crosswalk in accordance with the pedestrian signals, and caused the damage to the part in front of the defendant's vehicle by shocking the victim to the part in front of the vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as a diversity diversity diversities on the left-hand side in need of treatment for about six weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents, a statement on the occurrence of traffic conditions, and medical certificates;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the victim suffered an uneasible injury to the victim due to the violation of the reason and signal signal of the sentencing of Article 334(1) of the Criminal Procedure Act, the fact that the victim led to the confession and reflect of the crime, the victim and the victim have reached an agreement smoothly, there is no criminal punishment exceeding the fine, and other circumstances such as the defendant’s age, sex behavior, motive and means of the crime, and the circumstances after the crime.