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(영문) 서울북부지방법원 2019.05.09 2019고정366
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a Almata car.

On November 6, 2018, the Defendant driving the above vehicle around 12:45, and driving the three-lane road in front of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, along the direction of crossing the three-lane road from the shooting distance of the Dong market to the ebane.

On the crosswalk without signal lights, the direction of the D market was made bypass.

In such cases, when a person engaged in driving of a motor vehicle reduces the speed, well sees the front left well, and pedestrians walk the crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk to check the safety of pedestrians first and to prevent accidents in advance.

Nevertheless, the defendant neglected to do so and is bypass at a crosswalk without signal lights.

By negligence of violating the duty of pedestrian protection, the part on the left side of the victim E (n, 49 years of age, Mongolia) crossing the crosswalk from the right side of the victim's vehicle to the left side was shocked with the back wheels of the defendant's vehicle.

As a result, the Defendant suffered by negligence in the course of business the injury of the victim, such as “influence on the part of the left part,” which requires two weeks’ medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement of the police statement of E;

1. A report on the actual condition of traffic accidents;

1. The Defendant asserts that he does not cause a traffic accident, but does not cause an injury to the victim.

However, in full view of the above evidence, it can be sufficiently recognized that the victim's growth side of the crosswalk was shocked with the back wheels of the vehicle while driving the vehicle as stated in the facts constituting the crime in the judgment of the defendant.

Therefore, the Defendant’s assertion is rejected on a different premise.

Application of Statutes

1. Article 3(1) and the proviso of Article 3(2) and Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, concerning criminal facts, and the Criminal Act;

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