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(영문) 서울북부지방법원 2017.07.05 2017고정857
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant was engaged in driving C 124 C in the name of the defendant attached to B, and he was engaged in driving Oba.

On 01. 04. 21:10 on 04. 01. 01., the Defendant driven the off-line of the three lanes in front of Dongdaemun-gu driving Dongdaemun-gu.

Defendant

On the front side of the driving direction of the vehicle, there are crosswalks with signal apparatus installed and the FOba driven by the victim E on the right edge of the driving direction entered the crosswalk for the purpose of crossing the road.

In such cases, the driver has a duty of care to safely drive the front signal in accordance with the direction and method that the signal apparatus instructs, and to safely drive the crosswalk in accordance with the pedestrian signals of the crosswalk, so that the driver can prevent the accident with other off-to-faces.

Nevertheless, the defendant did not avoid the victim's misperion due to the negligence of violating the red signal of the front-side vehicle and did not avoid the victim's misperion, and the defendant suffered injury such as the left-hand side of the victim's misperion requiring the treatment of the victim's front part of the collision and the lower part of the wall wave.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. The actual investigation report on traffic accidents;

1. A traffic accident occurrence report;

1. A medical certificate;

1. Application of video-related Acts and subordinate statutes to the scene of an accident and the victim's ozone photo;

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

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;

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