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(영문) 서울중앙지방법원 2016.05.04 2016고단922

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On November 29, 2015, the Defendant driving a Bchier car around 06:50, and led to a road of 1 lane in Seocho-gu Seoul Metropolitan Government, Seocho-gu, to a speed of about 20 to 30 km from the 14th apartment unit to the 14th apartment unit.

At the time, there is a pedestrian crossing in which signal lights are installed at night, and thus, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the new code by reducing speed and driving the front door and the right and the right of the motor vehicle.

Nevertheless, the defendant neglected this and caused the defendant to go beyond the road by taking the right side part of the victim D (V, 43 years old) who dried the crosswalk in accordance with the pedestrian signals from the left side of the running direction of the defendant's vehicle by his negligence in violation of the signal.

As a result, the Defendant suffered injury to the victim by negligence in the above business, which caused approximately 12 weeks of treatment, to the right-hand pelpelle in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident report;

1. Blue vehicle records and video CDs;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 and 6 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 (in violation of signals at crosswalks, and pedestrians are friendly, while driving on the crosswalks, and the degree of injury suffered by the victim is heavy in light of the circumstances of the traffic accident. However, the victim does not want the punishment of the defendant, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance and is able to compensate for damage, taking into account the age of the defendant, sexual behavior, environment, circumstances after the crime, etc.).