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(영문) 서울남부지방법원 2016.06.30 2016고정456
교통사고처리특례법위반
Text

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

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 the duty of driving B taxi.

On June 8, 2015, the Defendant, around 08:10 on June 8, 2015, tried to proceed the alley way in front of the new life church in the direction of the network company.

Inasmuch as a crosswalk is installed and a traffic safety sign is installed, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by temporarily stopping the motor vehicle in accordance with the direction indicated by the above safety sign and by checking whether there is a pedestrian or a motor vehicle crossinging the front door and the right and the right and the right and the right and the right are well checked.

Nevertheless, the defendant did not comply with the safety signs of the above "stop" and went into the crosswalk and found the victim C (29 tax) who was walking the bicycle at the above crosswalk at late, and did not go beyond the road. However, the summary of the evidence was that the victim who was making a sudden stop in order to avoid this act was injured by the defendant's injury, such as the scambling of the trend requiring approximately 6 weeks of medical treatment by getting the victim to go beyond the road while going beyond the back of the bicycle.

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. One set of fluor bbbbblers and CDs;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the injury suffered by the victim due to the sentencing of Article 334(1) of the Criminal Procedure Act does not correspond to the victim, the defendant's vehicle does not directly shock the victim, and the victim is also negligent in crossing the crosswalk in violation of the bicycle driving method of the crosswalk as provided in the Road Traffic Act, and the victim's negligence has contributed to expanding the scale of damage caused by the accident of this case.

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