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(영문) 서울동부지방법원 2018.02.01 2017고단4216

교통사고처리특례법위반(치상)

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 10, 2017, the Defendant driven a wing B, around 10:20 on September 10, 2017, driven a three-lane road of the D Mart located in Songpa-gu Seoul Metropolitan Government, along three-lanes from the long distance to the long distance of the room director, followed by about 20km at the speed of the city, and proceeded by moving to the fall market at the intersection of the tin calendar distance.

On the front of the driving direction of the above vehicle, there was a crosswalk where a pedestrian signal, etc. is installed, so there was a duty of care to observe the signal to the driver of the vehicle, to confirm whether there is a person walking the crosswalk by complying with the signal, and to look well at the right and the left, and to proceed safely.

Nevertheless, the Defendant neglected this and led the victim E (the age of 59) who walked on the left side from the right side of the above vehicle to the left side in accordance with the pedestrian signals, such as pedestrian signal, etc., due to the negligence that the Defendant proceeded along the above crosswalk while moving on the right side of the above vehicle.

The Defendant suffered by these occupational negligence the injury of the victim, i.e., the upper part of the upper part of the upper part of the river which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Selection of a selective fine for punishment (such as the fact that the defendant reflects the error of the defendant, the fact that no criminal history exists, the vehicle is covered by the comprehensive motor vehicle insurance, and the injured party does not want the punishment of the defendant by agreement with the injured party after the institution of public prosecution;

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

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