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(영문) 서울중앙지방법원 2017.10.18 2017고정2701

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of CK3 motor vehicles.

On February 7, 2017, at around 19:45, the Defendant moved to two lanes between the two lanes of 180-1 and 180-1.

Since a crosswalk where signal lights are installed, the driver of the vehicle is obliged to take a duty of care to ensure that the driver is well aware of the person crossing the crosswalk in accordance with the signals in the crosswalk where signal lights are installed, and safely proceeds from the accident and prevent the accident.

Nevertheless, due to the negligence of violating and proceeding the signal by neglecting the defendant, the victim D (34 , south) and E (31 , in the front part of the vehicle driven by the defendant was shocked to the front part of the vehicle driven by the defendant and caused the victims to go beyond the road.

Defendant 1 suffered injury to the victim D, such as salt, tension, etc. of the bones of wood, which requires approximately two weeks of medical treatment due to such occupational negligence, and injury to the victim E, such as the felbage of a non-feld body, requiring approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, and F;

1. A report on traffic accidents and a survey report on actual condition;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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;