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(영문) 서울중앙지방법원 2016.11.28 2016고정3082
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives Oralba.

Around 05:55 on July 14, 2016, the Defendant driven the off-line 05:55, and driven the Gyeongnam apartment ginseng ginseng distance 9, which is located on one-lane, Seocho-gu Seoul, Seocho-gu, Seoul, toward the art center from the sloping to the art center at an aesthetic speed, according to five-lane distance.

At all times, there is a crosswalk where signal lights are installed, so there was a duty of care to safely drive according to the traffic signal and prevent the accident in advance by checking whether there is a person who gets a way to reduce the speed and see well the front door.

Nevertheless, the defendant neglected this and found the victim C (78 years old) who walked the crosswalk from the right side of the crosswalk on the pedestrian signal by negligence that was directly engaged in the front-side red signal in violation of the signal, and caused the victim to go beyond the road by receiving the victim from the front part of the above front part of the road.

Therefore, the Defendant suffered from the injury of the victim, such as salt, tension, etc. in detail, by negligence on the part of the Defendant, in need of two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. Stop photographs and field photographs;

1. Statement on the occurrence of a traffic accident (C);

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

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

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;

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