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(영문) 서울동부지방법원 2014.07.17 2014고단1562
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

At around 13:00 on April 19, 2014, the Defendant, who is engaged in driving B, B, 3, 13:00, was driving at a speed that would not know about the road of 166-2 ahead of 166-2, Songpa-gu Seoul, Songpa-gu, Seoul, at the direction of the song apartment distance from the song apartment distance to the direction of the song 2-dong community service center.

On the one hand, there is a crosswalk where signal lights are installed, so it is necessary to confirm whether a person engaged in driving of a motor vehicle is a person to reduce the speed for the person engaged in driving of the motor vehicle and to see the road well, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the defendant neglected this and continued to proceed at the same speed even though the vehicle signal was a stop signal, received the victim's right side part of the victim C (the 73 years old), who gets a bicycle and cross the crosswalk from the left side, to the right side of the crosswalk in accordance with the pedestrian signals, and got the victim over the ground.

Ultimately, the Defendant caused the victim to suffer injury due to the above occupational negligence, such as the mouths around the left-hand part of the entrance in need of approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement of occurrence of a traffic accident prepared C;

1. Application of Acts and subordinate statutes to the actual survey report and diagnosis report;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act (Selection of Fine)

1. 노역장유치 형법 제70조 제1항, 제69조 제2항 양형의 이유 o 법률상 처단형의 범위 : 벌금 2,000만 원 이하 o 양형기준상 권고형의 범위 : 징역 4월 ∽ 10월 o 선고형의 결정 이 사건 범행의 내용과 그 결과, 피해자와 합의, 초범, 피고인의 반성 등 제반 사정을 참작하여 피고인에 대하여 주문과 같은 형을...

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