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(영문) 서울남부지방법원 2016.04.08 2015고정2547

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a new car in Category B.

On September 3, 2015, around 08:15, the Defendant driven the above vehicle at a speed of about 30 kilometers in speed from the border of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu 36-ro 12-ro, Yeongdeungpo-gu, Seoul, and operated the two lanes between three lanes in the direction of Simsan Station in the direction of Simsan Station from the airside of Yeongdeungpo-gu, Yeongdeungpo-gu.

Since the place has a crosswalk where a signal, etc. is installed, it is confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph, after checking whether there is a person who gets on the way to reduce the speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected to do so and neglected to change the vehicle driving signal to red signal, and caused the collision between the victim C(45) driving a four-lane in the direction of the expressway in the direction of the police station in Yeongdeungpo-gu Police Station in the direction of the police station in Yeongdeungpo-gu in the direction of the border, and the victim C(45) driving the four-lanes in the direction of the road in the direction of the police station in Yeongdeungpo-gu Police Station.

Ultimately, the Defendant caused the injury to the victim C(45) in light of the foregoing occupational negligence, which requires approximately two weeks of medical treatment, and the victim E(60) who is the son, suffered the injury to the left-hand speaks that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a survey report, a report on occurrence, and an investigation report (the result of checking the image of a suspected vehicle track);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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