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(영문) 서울동부지방법원 2015.11.27 2015고정1352

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motorcycle B.

On January 10, 2015, the Defendant driven the above motorcycle on January 10, 2015, and led the front road of Gangdong-gu Seoul to proceed from the Maritime Public Protection Area to the Nacheon guard.

There are crosswalks where signals, etc. are installed, so in such cases, a person engaged in driving a motorcycle has a duty of care to take the front door and the left and the right by reducing the speed, and to prevent accidents in advance by safely driving according to the traffic signal.

Nevertheless, the Defendant neglected this and received the front part of the above motorcycle part of the victim D (the 70-year-old left side of the crosswalk), which opened the crosswalk from the right side to the left side of the road according to the direction of the road-to-hand pedestrian signal, by negligence that is straight on the red signal as it is, in contravention of the signal.

Ultimately, the Defendant suffered from the need to give approximately two weeks of treatment due to the above occupational negligence to the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

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

1. A medical certificate;

1. A traffic accident report (1) (1)

1. Application of Acts and subordinate statutes to photographs related to accidents;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

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;