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(영문) 서울중앙지방법원 2016.08.24 2016고단3793

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

around 15:15 on May 20, 2016, the Defendant driven a third-party car in B B, and led to the use of the three-party apartment street from the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Court to the direction of the river basin from the area of the Seoul Seoul Arts Center.

In such cases, the defendant who drives a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle safely by temporarily stopping in front of the crosswalk and driving the motor vehicle in advance by safely driving the motor vehicle, such as driving the motor vehicle, if he/she reduces the speed, takes the right and the right on the front side well, and pedestrians walk the crosswalk

Nevertheless, the defendant neglected this and moved to the right side of the vehicle, and the part of the victim C's left side, which was dried up from the right side of the vehicle to the left side in accordance with the new subparagraph, was moved to the road by the front door of the vehicle driving by the defendant.

Defendant 1 suffered injury to the victim due to such occupational negligence, such as cutting down the frame of the non-abstinence in need of approximately five weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident prepared by C;

1. A traffic accident report;

1. Photographss and black stuffs image data after cutting down the course of the accident;

1. The point of injury as indicated in the judgment: Application of Acts and subordinate statutes;

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 an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is the shocking of a victim who is walking along the crosswalk in light of the pedestrian signal, and the negligence is heavy.

The degree of injury suffered by the victim is hot.

However, considering the fact that the defendant's driver's vehicle is covered by the comprehensive motor vehicle insurance, damage compensation is possible.

The age, sex, and age of the defendant.