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(영문) 의정부지방법원 고양지원 2020.03.17 2020고정28
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 700,000.

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 deaf-mute who is engaged in driving of BW125 Franchis.

On September 20, 2019, the Defendant driven the above motorcycle around 21:30 on September 20, 2019, and moved to the right bypassing the four-lane from the c apartment room at the time of the sports strike.

At the time, there are nights, there are traffic signals, and there are crosswalks, so a person engaged in driving a motorcycle has a duty of care to temporarily stop in front of the crosswalks in order to look at the right and the right and the right and the safe driving in accordance with the direction of the traffic signal apparatus and to prevent the accident in advance.

However, the Defendant violated the signal signal apparatus at the front side of the above motorcycle and got the victim F (the age 12) who walked on the crosswalk in accordance with the signal apparatus’s direction from the front side of the road at the right side of the Defendant’s direction by his occupational negligence entering the above intersection and bypassing it, to the front side of the above motorcycle.

The Defendant suffered injury to the victim due to the above occupational negligence, such as cerebral rheat, in which there is no one in the two organs open for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in F (including attached medical certificates);

1. The actual condition survey report;

1. Reports on the occurrence of a traffic accident and site photographs;

1. Application of identification cards (members' card interpreters, drivers' licenses, and welfare cards for the disabled)-related Acts and subordinate statutes;

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. Article 11 and Article 55 (1) 6 of the Criminal Act for mitigation of deaf-mutes;

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

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