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(영문) 서울남부지방법원 2018.02.12 2018고정61
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is also a person who is engaged in driving of a vehicle B with a stringer.

On August 14, 2017, around 22:35, the Defendant directly proceeded with a violation of signal signals in front red signal at a speed of about 20 km/h h in the direction of Yeongdeungpo-gu in the direction of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, about four lanes in the shooting distance of Yeongdeungpo-gu, Seoul.

In such cases, a person engaged in driving service is in compliance with the signals and instructions indicating traffic safety facilities, and when a pedestrian passes a crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk so as not to obstruct or endanger the crossing of the pedestrian.

Nevertheless, the defendant neglected the above duty of care and continues to go straight by violating the signal signal, and the defendant found the victim C (the 30-year old age) crossing the crosswalk on the right side from the left side of the vehicle of the defendant, crossinging the crosswalk on the pedestrian crossing to the right side, and shocked the victim C (the 30-year age) with the front part of the vehicle of the defendant.

Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as a brush so that there is no flood control that requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of traffic accidents prepared C;

1. The actual investigation report on traffic accidents;

1. Blue image of an accident vehicle;

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

1. Relevant legal provisions of the relevant criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act, Article 268 of the Criminal Act, and selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant, even before the occurrence of an accident, suspended the front line, and proceeded in violation of the Central Line while flying the front line. At the time of the accident, the preceding vehicle stopped red signals, resulting in an accident while driving the front line by changing the front line.

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