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(영문) 서울북부지방법원 2020.09.16 2020고단2275

교통사고처리특례법위반(치상)

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 operates a bicycle.

피고인은 2020. 1. 9. 18:00경 자전거를 운전하여 서울 동대문구 B에 있는 C마트 앞 편도 2차로 도로를 텃골근린공원 방면에서 D교회 방면으로 2차로를 따라 미상의 속도로 진행하였다.

On the front of the road, a crosswalk without signal lights is installed, so the driver of the vehicle is obliged to temporarily stop in front of the crosswalk and stop in front of the crosswalk so as not to obstruct the pedestrian's walking and to prevent the accident from being interfered with.

Nevertheless, the Defendant neglected to stop in front of the crosswalk and continued to proceed at the same speed without temporarily stop in front of the crosswalk, and received the right knee part of the victim E (the age of 14) crossing the crosswalk from the left side to the right side of the crosswalk as the front part of the Defendant’s bicycle.

As a result, the defendant suffered from the injury to the victim, who is a slive slive of the right slives in need of treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. Application of Acts and subordinate statutes to investigation reports (field investigation) on the occurrence of traffic accidents, report on the actual condition of traffic accidents, and medical certificates;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is based on the following circumstances as well as the age, character, conduct and environment of the defendant, relationship with the victim, motive, means and consequence of the crime, and circumstances shown in the arguments and records, such as the circumstances after the crime is committed.

The circumstances that are disadvantageous to the victim: The defendant recognized the crime and reflects the mistake.