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(영문) 서울남부지방법원 2018.04.20 2018고정210

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On August 21, 2017, the Defendant driven the above car at around 20:45, and led the two-lanes of the two-lanes in front of Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City C to the direction of the protection of the new car at the private distance from the telephone station.

Since there is a crosswalk where a signal, etc. is installed, in such a case, there was a duty of care to safely drive the vehicle in accordance with the signals by reducing speed and keeping the signal well.

Nevertheless, due to the negligence that the Defendant neglected to stop the vehicle, the Defendant Company D (the remaining, 74 years old) who crosses the crosswalk from the right side of the running direction of the Defendant’s car to the left side of the crosswalk in accordance with the pedestrian signals, and received the victim D (the remaining, 74 years old) from the front of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, such as the closure of a saving hole that requires approximately 12 weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of the police statement regarding E (17 pages of evidence records);

1. On-site photographs;

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

1. Relevant legal provisions of the relevant criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act, Article 268 of the Criminal Act, and selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the injured person does not want the punishment of the defendant, but the degree of violation of the defendant's duty of care is large, and the injured person is significantly different due to the instant traffic accident, etc., the punishment is determined as per the order.