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(영문) 서울서부지방법원 2018.01.24 2017고정1653

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of three 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 Class B trucks.

On June 12, 2017, the Defendant driven the above vehicle around 14:40 on June 12, 2017, and driven the front road of Seodaemun-gu Seoul, Seodae-gu, along the three-lanes from the parallel to the intersection of the parallel.

On the other hand, there was a crosswalk where signal lights are installed at the front door, so in such a case, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the traffic signals, while checking whether there is a person who renders a way to reduce the speed and to see well the right and the right on the front door.

Nevertheless, the Defendant neglected to do so and neglected to follow the signal, and caused the part on the right edge of the victim D (Woo, 19 years old) crossing the crosswalk from the left side of the moving direction to the right edge in accordance with the direction-hand pedestrian's signals, which led to the front wheels of the driver's vehicle.

In this regard, the Defendant suffered from the injury of the above victim, such as 1, 2, which requires approximately six weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A traffic accident report;

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

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

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;