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(영문) 서울서부지방법원 2015.09.08 2015고정1028

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 Cchip XG car owned by the defendant, due to soundproofing.

On March 18, 2015, the Defendant driven the above vehicle at around 07:09 and proceeded three lanes in front of the gas station E in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with the speed of speed at the speed of the non-speed.

On the front of that place, there are crosswalks installed a three-distance crossing and a vehicle and a pedestrian signal, so in such a case, there was a duty of care to check whether a person engaged in driving a motor vehicle is a person to reduce speed and to see well the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the traffic signal to prevent the accident in advance.

Nevertheless, the defendant neglected this and did not discover the victim F (I, 16 years old) who crosses the crosswalk in accordance with the pedestrian signals from the right side of the time course to the left side of the road because of the fact that the front line, the rear light, and the front glass of the vehicle driven by the defendant, without any discovery of the victim F (I, 16 years old) who passes the crosswalk in accordance with the pedestrian signals.

Ultimately, the Defendant suffered injury to the above victim, such as “L1’s frame and closure,” which requires approximately 56 days of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement on the occurrence of traffic accidents;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to E gas station CCTVs, Mapo06 village shuttles video CDs;

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