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(영문) 서울중앙지방법원 2020.05.07 2019고단8193

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

On November 2, 2019, the Defendant driven the above car at around 15:30 on November 2, 2019, and led the Seocho-gu Seoul Metropolitan Government front road to the art transition of the art from the private park.

Since there is a crosswalk where a signal, etc. is installed, there is a duty of care to check whether a person engaged in the vehicle driving duty is a person to build a crosswalk by reducing speed and by properly examining the right and the right and the right of the person, and to safely drive the crosswalk in accordance with the new code and prevent the accident in advance.

Nevertheless, when the defendant neglected this and proceeded on the stop signal of the vehicle, he received the victim D (Nam, 78 years old) who was standing on the right side of the vehicle of the defendant, from the right side of the vehicle of the defendant, to the left side of the vehicle of the defendant, in accordance with the motor vehicle of the defendant.

As a result, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as cutting the boness of salivating the right, which requires approximately eight weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. A medical certificate;

1. Application of the laws and subordinate statutes governing booms and video CDs for vehicles;

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. The crime of this case with the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant's negligence in violation of the signal and caused an injury requiring medical treatment for about eight weeks by shocking the victim who scamed on the crosswalk that he driven in violation of the signal, and that the case is less complicated in light of the degree of damage, etc.

However, the defendant's mistake is against his or her will, and the defendant paid 20 million won to the victim for the recovery of damage and agreed with the victim.