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(영문) 서울서부지방법원 2019.08.29 2019고단1894
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of K3 cars.

On May 3, 2019, the Defendant driven the above vehicle at around 20:54, while driving the vehicle, one lane in front of the D Real Estate located in Eunpyeong-gu Seoul Metropolitan Government C from the direction of E Middle School to the F Elementary School direction at a speed below the speed.

Since there are pedestrians walking along a crosswalk that is not equipped with signal lights at the front of that place, in such a case, if the driver of the motor vehicle well sees the speed of the driver of the motor vehicle, and the pedestrian passes the crosswalk, the driver of the motor vehicle has a duty of care to temporarily stop in front of the crosswalk, check the safety of the pedestrian, and prevent the accident in advance.

Nevertheless, the defendant neglected to do so and proceeds as it is.

In order to find out the victim G (at the age of 62) who cross the crosswalk to the right side from the left side of the crosswalk and to avoid this, however, the victim was forced to go beyond the road by shocking the victim's right side to the right side of the front part of the vehicle.

As a result, the Defendant suffered injury by his occupational negligence, 10 weeks of treatment, 10 weeks of treatment, and 4 times of his/her society.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of G traffic accidents;

1. Reports on traffic accidents (1) (1) and reports on the occurrence of traffic accidents;

1. Investigation report (verification of accident scene and attachment of images);

1. A medical certificate;

1. Application of 8 copies of accident vehicles and field photographs to the Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts and the selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment [unfair circumstances] are as stated in its reasoning.

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